The National tribune., 1904-07-07
UNITED STATES PENSION LAWS.
Comprehensive Digest Of Pension Legislation From the Founde
. - - s.:..:....- ton of the Government.
TRAVEL.PAY.
THE GENERAL LAW,

! THE GENERAL LAW.
The act of January II, 1912, and sub
seHuent enattments, rs embodied in sec
tions 12Sl and 1890, Revised Statutes. pro-
vide as follows:
Sec. 1889. When an officer is (honor-
ably) discharged from the service tex
cept by way of punishment for an of
fense) he shall be allowed transportation
and subsistence from the place of his dis
charge to the place of his residence at the
time OF his appointment. or to the place of
his original muster into the service The
Government may furnish the same in kind.
but in case it shall not do so. lie shall be
allowed travel pay and Communication of
subsistence. according to his rank. for such
time as may be sufficient for him to travel
from the place Of discharge to the place of
his residence. or original muster into serv-
ice. computed at the rate of one day for
every 20 miles.
Sec. 1890. When soldier is (honor-
ably) discharged from the service Except
by way of punishment for an affcIsc) he
shall he allowed transportation and sub
Sistence from the place cf his discharge to
the place of his enlistment. enrolment or
original muster into the service. The Gov
er1rment may furnish the same in kind.
hut in case it shall not do SO. he shall be
allowed travel pay and communication Of
subsistence for such time rs may he suffi-
cient for him to travel from the place of
a.
enrolment. or original muster into the
service. computed at the rate of one day
for every 20 miles"
The Army appropriation act of May rs.
1900. cnacts the following as amendment
of sections 1889 and 1890. Revised Stat
utes:
THAT hereafter when an officer shall
be discharged from the service. except 10y
way of punishment for an ofrense. he shall
receive for travel allowances from the
place of his discharge to the place Of his
residence at the time Of his appointment
or to the place of his original muster into
the service. four cents per mile: and an
service. except by way of punishment for
an offense. shall receive four cents per
mile from the place of his discharge to
the place of his enlistment. enrolment. OF
original muster into the service: Provided
further. That for sea travel on discharge
sions. actual expenses only shall be paid to
officers and transportation and subsistence
only shall he furnished to enlisted men"
The Supreme Court has held OBS y. S
81 that discharge ''by way of punish.
ment for an offense' such as is contem-
plated by the trave!-pay statutes is a dis.
charge directed by Judgment Of court
specific offense: not discharge for unfit.
ness for the service or for general bad
character.
PLACE OF RESIDENCE.
The place where an officer entered the
service is, in contemplation Of law. "the
place of residence" to which he is entitled
to be returned.
INVOLUNTARY DISCHARGE NECESSARY.
1t is held that the discharge must have
been granted through no voluntary act or
request OH the part of the officer or sol
III tod <,f
rents. or for the good of the service. the
discharge is held to have been involuntary
A discharge on resignation is in general
regarded as one granted as favor or for
the personal accommodation Of the officer
and not involuntary. But if resignation
given. with or without reasons assigned,
was accepted and discharge granted for
the good of the service, it is regarded as
involuntary. H.
Enlisted men who. after serving some
time. are found to be utterly worthless on
account Of drunkenness or some other trait
or bad character which discipline fails to
cure. and who are consequently discharged
for the interests of the service before the
expiration of the term for which they en-
listed. are held not to have been dis
charged "by way of punishment for an
offense." within the meaning of the law,
nor 10y way of favor.
An officer dropped from the rolls on ac-
| count of alleged inefficiency is entitled.
DECISIONS.
The United States Supreme Court has
overruled and reversed the decision of the
Court of Claims. in 1902. that an officer
resigning for his own convenience or an
enlisted man discharged by way of favor,
by purchase or otherwise. is entitled t.
travel-pay. The Supreme Court thus sus-
tans an official Interpretation which has
been given the travel-pay statutes since
April 7. 1882.
BY an act of March is, 1896 soldier
discharged thereafter by reason Of disa-
bility 'caused by his own misconduct" is
not entitled to travel-pay.
A discharge "by reason of his own mis-
conduct" mot to be confounded with
above) is held by the Comptroller not ia
be bar to travel-pay. Case of White,
11th u. s. Cav. August 26, 1901. This
man kept the summary court so busy that
he was discharged without honor" His
fines in three months service exceeded pay
and clothing allowance due)
DISCHARGE WITHOUT HONOR.
A discharge without honor" is not 4
bar to travel-pay. according to opinion of
Judge a Advocafe- General of the Army Osd.
1901, sec. 1882. and decision of the AS
sistant Comptroller. December IA. 1895.
But deserter discharged without honor
for desertion, after apprehension and with
out trial or restoration to duty, is held
March 80, 1909 not entitled.
DISCHARGE AFTER TWENTY YEARS SERVICE.
Enlisted men discharged. at their own
request. after 20 years faithful service,
are entitled.
RESIGNATION ON SURGEONS CERTIFICATE.
A discharge granted upon an officers
resignation based on surgeons certificate
of disa bility incurred in service and line
of duty. is now, and since 1879, regarded
as involuntary.
PLACE FROM WHICH TRAVEL PAY ALLOWED.
In case where q regiment (volunteer)
was formally mustered out, but not dis
banded, at a place distant from the State
in which it was organized, and was trans
ported, at Gnyernment expense, to a place
within the, State, at which final payment
was made and final discharge papers deliv-
cred (pay heinS allowed for the interval
between mpster r-0ut and payment, with
travelling allowances from the place of
payment), it has been held that all officer
of the regiment who, at the dates of its
muster-out iand1 final payment, was, at his
home, WHITTIER he had previously gone on
leave of absence. at his own expense, was
Il