Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-12-14
Orders From Office Of the
Adjutant General.
Judge Advocate Gen, Shelton
Gives Opinion On Question
Is Allowance For Mount Due Certain
National Guard Officers.
STATE HOUSE CALENDAR.
Next Meeting Of Governor and Council
Friday, Dec. 18, at 10 A. N.


Friday, Dec. 18, at 10 A. M.
Announcement was made at the office
Of the, adjutant general~s,atufday of the
issuance of General Orders No. 80 and
&C: the text of which is given below:
Augusta. Dec. 4, 1908
General Order No. &c.
I. The following from the office Of the
Judge advocate general is hereby pub
lished for the information of all con-
cerned.
STATE OF MAINE.
Office Of
JUDGE ADVOCATE GENERAL.
Dec. 2, 1908.
Gen. A. B. Farnham, Adjutant Fen
eral, Augusta, Me.
Dear Sir-I have the honor to report on
the following question submitted to
ME: lis an officer of the National
Guard Of the State of Maine above the
rank of captain who has been paid in
accordance with United States regula-
tons for attendance at the State en-
campment, entitled in addition thereto
to the allowance for his mount pro-
vided by Section SO of the Militia laws
of Maineo"
To be specific, the laws Of the United
States allow colonel Sill per day
and require him to furnish his own
mount. Section 81 of the laws of this
State allow him S. per day, and Sec
ton SO provides for an additional al
lowance of IS per day when he is re-
quired to be mounted. Under present
regulations the officers of the Natona!
Guard are paid for the above described
services in accordance with United
States regulations. The question now is,
then, can they legally be paid in addi-
ton thereto the State allowance for g
mount? 1t is apparent that both the
United States and the State provide
compensation and allowance for the
man and the mount. Under United
States regulat iuns it is provided in one
item and under State regulations in
two items. viz: Sections 81 and 80,
which must be read together. Under
United States law a colonel receives
Sill per day for himself and mount
under the State law he receives SIS fol
himself and mount. 1t therefore seems
to me impossible to escape the con-
clusion that there would be no more
authority for paying the United States
pay for man and mount ana IN addi
ton thereto, the State pay for mount.
than to pay the United States pay and
State pay for both man and mount.
To state the proposition in another
way, if payment under United States
regulations could legally be supple
mented by payment under State stat
utes for the whole or part of the sam,
was received, I do not see why ii
would not be equally allowable to pay
n private both United States and State
per diem.
My conclusion therefore. is that in
the absence of express State Legislation
authorizing he allowance to officials
in addition to the compensation receiv-
ed under United States regulations. you
would not be justified legally in max.
ing the allowance for mount provided
by Section 80 of our Militia law t,
those officers who had received. OF
were entitled to receive, per diem anG
allowance for mount, or per licrn in
Guiding mount. which they are re-
Gured by regulations established UNI
der that per diem to provide, from the
funds received from the United States
for the use of the militia department o
the State
| appreciate the fact that the differ
ence between United States regulations
and those of the State respecting til,
furnishing Of mounts by officers of diff
fcrent grades, works a substantial
change in the respective amounts o.
pay allowed the officers of the several
grades entirely inconsistent with the
appart Mt purpose of both the State and
the United States regulations. l also
appreciate the fact that the officers o.
the National Guard, who are required
to make extensive preparations for very
lew days services for which actual per
diem is received. are enjoying much
smaller proportionate returns for their
work than the officers Of the regula:
army of the same grade. whose COM
rensation runs through the year. Both
the apparent inconsistency of the first
condition of affairs and the hardship
of the second must, however, be rem
eded by legislation. if at all.
You We're formally authorized by law
tc pay these officers the several
amounts prescribed by Sections 81 and
~ read together. You are now au-
thorlzed to pay them in lieu thereof,
the several amounts provided by the
United States laws as made available
from United States funds. l do not
think you are authorized to pay both
amounts, or the whole of one amount
and any part of the other which is
provided by law as pay or allowance
LOT the same thing required to be fur
hished in return for the pay received
from the other source.
return herewith correspondence be-
tween yourself and the division of
militia affairs of the United States war
department. handed to me by you.
Very respectfully yours,
&>rrrvr<N