Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-07
SERVICE AT SEA GRIT

MED BY TIE CONIdOAAGR.
Action Of the Brigadier General, Com
manding National Guard,
is Upheld.
r. J. Tracewell, controller of the cur
rency, has just rendered an extremely long
and important decision relative to the Dis
trict militia In brief, the decision Is that
the accounting officers of the United States
government have nothing to do with the
expenditure of the Districts allotment of
SIS, 500 for the aid of the National Guard
of the various states and territories: that
the expenditure Is wholly in the hands of
the states and territories, and in case OF
the District, of the Commissioners and COM
handing general Of the District militia.
The decision overrules a decision of the
auditor for the War Department, and kills
a claim Of George q. Dennison. first lieu
tenant and inspector of rifle practice. for
pay while on duty at Sea Girt, N. j.. In
August and September, 1908.
Lieut.. Dennisen's Claim.
Lieut.. Dennison flied claim with the audi
tor for the War Department for pay while
at Sea Girt in the face of the commanding
generals notification that no pay was to
be given the District team there, the money
to be spent otherwise.
The auditor decided that he had authority
to receive and examine the claim, and de-
cided that Lieut.. DennisOn could be paid If
frict allotment. The controller reverses
this completely, and says that the auditor
has no Jurisdiction.
Money for the Militia.
In stating the case the auditor says:
1.-THE apportionment made to the District
of Columbia September Q, 1903 as shown
by War Department circular No. Of that
date, of the 100000 provided for under
section 1861. Revised Statutes, as amended
by the acts of February II, 1887. June O,
1900. and January p. 1903, is $15.590.
"Out of this allotment the sum of 900
was paid to Capt. Andrew Parker of Wash
ington, D. c., September IA, 1903. as acting
paymaster of the District of Columbia
militia and disbursing officer under Sec
ton IA of the act Of January 81 1903. requi-
sition therefor having been made by the
commanding general of the District of Co
lumbia militia for expenditure under Sec
ton IA Of the act of January q. 1905 for
the payment. subsistence and transporta-
ton of the organized militia of said Dis
trict while in the field for instruction. said
militia being reported as sufficiently armed
uniformed and equipped for active service
in the field. and the allotment to the Dis
trict not being exceeded, and the amount
of the requisitien being considered not ex-
eessive to cover all contingencies.
In addition to the allotment OF $15.50O
made to the District Of Columbia Septem-
Der o, 1903, Congress appropriated $o6.820
by the District act of March 8. 1903, in the
appropriation militia. District Of Columbia.
1904 SIT 900 Of which Is available for pay
of troops, other than government en-
ployes. to be disbursed under the direction
of the commanding general Of the District
of Columbia militia, $500 for expenses of
rifle practice and matches and $4,000 for
expenses of camps, instruction etc.
No Requisition for Sea airt.
'It does not appear that any portion of
the aforesaid $4,000 was specifically requi-
sitioned or estimated for by the command
ing general of the District of Columbia
militia for payment for the duty or service
performed by the claimant and others at
Sea Girt, New Jersey under orders from
competent authority, for the period from
August 20 to September II. 1908, inclusive,
contesting for the national trophy and
medals and other prizes provided for in
the army appropriation act Of March 2,
1903. But 1t appears from cOmmunica-
ton addressed to the claimant September
n, Dy the duJutdnt general OF the
District of Columbia militia that 1t was not
the plan of the commanding general of said
militia to use the funds provided for in
section IA of the act Of January q. 1908.
for any such purpose, because as the
adjutant general said, other uses are cal
culated to produce better general results
He also states specifically in said cOmmuni-
cation that
1T has never been the intention Of these
headquarters that the funds provided for
<.f< I.A vr.f1f 1n I.N,r1I
be used for such purpose. and there has
never been suggestion that the brigade
team or those accompanying 1t should ie-
ceive United States pay
'It also appears from said communist
ton that no authority was given by lie
commanding general for the preparation of
the pay rolls, and that said rolls, pre-
pared without his authority, have not been
and will not be approved.
''It appears that the War Department
has given 1t as its opinion that service at
Sea Grit, New Jersey, was actual field or
camp service for instruction I"
The auditor had said the claimant served
eighteen days at Sea Girt. and ought to re-
ceive pay. The controller remarks:
Question of Auditors Jurisdiction.
s"The real question presented In the above
decision is whether the auditor for the War
Department has jurisdiction to receive and
examine accounts or claims of officers and
enlisted men of the organized militia of
state, territory or the District of Columbia,
for pay. subsistence and transportation
while engaged in actual field or camp serv-
ice for instruction as contemplated and pro-
vided for by section IA. act of January q,
1893
1.-The militia of the District of Columbia,
while engaged in actual field or camp serv-
ice for instruction. as provided for by said
section, occupies the same position with
relation to the United States as that occu-
pied by the militia of the several states and
territories while engaged in like service.
. The Money Of the District.
"When money is paid to the quartermas-
ter general Of state, or to such other
officer of the militia as the governor may
designate and appoint for the purpose, by
the Secretary of War; on the requisition
Of the governor. as provided by said section
IA, the money SO paid becomes.i I'm qualified
sense. the money of the state. to be used
by 1t for the specific purpose pointed out In
70 nhfocf nd rI,rp ~