The National tribune., 1904-06-30

and did not reenter until after June 80,
1858, have not, as a rule received the ex-
ira pay. Those who left the service be-
tween June 80. 1865. and March 2, 1867,
and reentered the service between March
= 1861, and July l. 1868. have received
the benefits OF the law for their service
beginning after March 2. 1867. but not in
every case for their service ending before
March 2. 1867. Those who left the service
between June 30. 1896. and March 2, 1867,
and reentered the service before March 2,
1867, and all others not included among
those hereinbefore specified. have. as a
rule, received the benefits of the law.
MILITARY sTORE-KEEPERs AND CONTRACT
SURGEONS.
Military store-keepers are entitled to
additional pay under the above law, but
not contract surgeons.
HEIRS.
In case Of the death Of the officer with
out receiving the additional pay to which
he is entitled or which he would have been
entitled to receive had he survived. as
above. title thereto descends to his widow
children, father, mother. and brothers and
sisters, in the order named; then to the
nearest heir-at-law.
ExTRA-DUTY PAY.
Section 35 of the act of March 8, 1853.
for enrolling and calling out the national
forces, and for other purposes, provided:
And be it further enacted, That here
after enlisted men, now or
hereafter detailed to special service, shall
not receive any extra pay for such service
beyond that allowed to other enlisted men,"
General Order No. 1872 of the War De-
partment, dated June 25, 1863, provided:
"Section 80, act of March 3, 1853, en-
titled AN fnr pnlIinO md lin -
out the national forces. and for other pur-
poses. does not exclude enlisted men en-
ployed as clerks and messengers In the
military Offices in Washington, and at the
several geographical division and depart
ment headquarters, from receiving the ex-
There is no law allowing a hospital
steward anything, in addition to his law
full pay and allowances as hospital stew
ard. for performing the duties of assistant
surgeon.
SPANISH wAB-TEMPORARY NAVAL FORCE
The following is provision Of an act
of March 3, 1899, relative to "fhe tenn
porary force Of the Navy" including Ma
val Reserves. those enlisted in the Reve-
nue. Cutter service for the war, marines,
and all others enlisted for the war:
"The officers and enlisted men compris-
ing the temporary force of the Navy dur
ing the war with Spain who served cred
States. and who have been or may here
after be discharged. shall be paid two
months extra pay; and all such officers
and enlisted men Of the Navy who have
so served within the limits of the United
States. and who have been or may here
after be discharged, shall be paid one
months extra pay"
SPANISH wAR-REGULARs.
The following provision Of an act OF
March 3, 1899, relative to enlisted men en-
teIing the Regular Army for the war is
held to be applicable to enlisted men in
the Volunteer Army equally as well. pro-
vided they did not receive furlough with
organization) preliminary to discharge, as
was the practice prior to January II,
1899:
"That all enlisted men in the Regu.
lar Army who enlisted subsequent to the
declaration of war for the war only and
mustered out of the service who have
served honestly and faithfully beyond the
limits of the United States shall be paid
two months extra pay on muster out and
discharge from the service. and all en-
listed men in the Regular Army who en-
listed subsequent to the declaration of
war for the war only and mustered out
of the service who have served honestly
and faithfully within the limits of the
United States shall be paid one months
extra pay on muster out and discharge
from the service from any money in the
Treasury and not otherwise appropriated.
said moneys to be Immediately available =
"That the provisions of this act shall
apply for the payment OF volunteers as
fully as though they formed part Of the
The act OF March 2, 1901. provides.
''That enlistments in the Regular Army
on and after April q. 1898. from which
date war was declared to have existed be-
tween the United States and Spain. up to
and including April 26. 1898, shall be
deemed enlistments for the war with
Spain. and shall entitle men so enlisting
to the extra pay and on the same condi-
tiOns granted to men who enlisted in the
Regular Army and subsequent to the dec
laration Of war. for the war only, as pro
vided by an act approved March 3. 1899,
entitled AN act making appropriations
for the support of the Regular and Vol
unteer Army for the fiscal year ending
June 80. 1900.'"
SPANISH wAR-DECISIONS.
Service on a transport between u. S.
ports, even though the vessel actually
passed beyond the three-mile limit and
hence strictly outside of the limits of the
United States, is held not to be service
beyond the limits of the United States"
within the meaning of the Spanish war
eXtra-nay acts Of January II and March
3, 1880.
Discharge for disability existing before
enlistment is not a bar to the extra pay
unless the disability was fraudulently con-
cealed at enlistment.
Discharge for venereal disease is not a
bar to the extra pay unless discharge was
directed, for disability due to misconduct.
The Army appropriation act of May
26. 1900, provides:
THAT the act approved January II.
1890. granting extra pay to officers and
enlisted men of the United States Volun-
teers. shall extend to all volunteer off,
GERS of the general staff who have not re-
ceived waiting orders pay prior to dis
charge. at the rate of one month to those
who did not serve beyond the limits of
the United States and two months to those
who served beyond the limits of the United
States; and officers and enlisted men of
volunteer organizations who have served
honestly and faithfully in the Volunteer
Army Of the United States during the war
with Spain and have been honorably dis
charged without furlough. or by reason
of their services being no longer required.
or at any time by reason of wounds re-
ceived. or disability contracted in the
service and in line Of duty, and who have
not received the extra pay granted in said
act, or in subsequent acts of Congress
supplemental thereto; and this act shall
be deemed to apply to officers of volun-