The Bridgeport times and evening farmer., 1918-07-26


 5. 1918, for decision of the questions propounded by the Acting Quarter master General of the Army as fol- lows;
 "(1) Are commissioned officers and enlisted men of the Regular Army, National Guard, and commission ed officers of the Officers Reserve Corps, and enlisted men of the En- listed Reserve Corps, entitled to pay while held as prisoners of war by an enemy nation?
 "(2) Are the officers and enlisted men named in question 1 above enti- tied to pay during the period for which they may be reported as miss ing in action?
 "(S) Are members of the Army Nurse Corps, field clerks or other civilian employees of the War Depart ment entitled to pay while held as prisoners of war by an enemy nation, or for the period for which they may be reported as missing?
 "(4) should an enemy nation at war with the United States make payments of stipulated amount as monthly pay to commissioned officers of the United States held prisoners of war under an agreement to be reached between the United States and such nations, will the amount so paid such officers by enemy nations be de- ducted from pay due them for the period of their captivity or will such officers be entitled to receive from d disbursing officer of the War Depart nnent the full amount of their month ly pay and allowances without regard to the. amount they may receive as pay and allowances from an enemy nation while held as prisoners of war;"
 Section II of the act of March 30, 1874, 6 Stat, 115), provides:
 That every noncommissioned officer and private of the Army or officer, noncommlssioned officer and private of any militia or volunteer corps In the service of the United States, who has been or who may be captured by the enemy, shall be entitled to re- ceive during his captivity, notwith- standing the expiration of his term of service, the same pay, subsistence and allowance to which he may be en-
 
 the United States.
 This provision has been embodied in the Revised Statutes, section 12SS, as follows:
 Every noncommissioned officer and private of the Regular Army, and every officer, noncommlssioned officer and private of any militia or volun- teer corps in the service of the United States who is captured by the enemy, shall be entitled to receive during his captivity, notwithstanding the expira- stion of his term of service, the same pay, subsistence and allowance to which he may be entitled while in the actual service of the United States: but thIs provision shall not be con- strued to entitle any prisoner of war of such militia corps to any pay or compensation after the date of his parole, except the travelling expenses allowed by law
 The act of June 3, 1916 (s9 Stat, 166), provides:
 That the Army of the United States shall consist of the Regular Army the Volunteer Army, the Officers Re serve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law
 The language of section 12SS Is broad enough to warrant the inclu- sion of commissioned officers and en- listed men of the Regular Army, Ma t:ona1 Army the National Guard and commissioned officers of the Officers Reserve Corps, and enlisted men Of the Enlisted Reserve Corps in the benefit of Its provisions, and the first question you submit is answered In the affirmative.
 Whether officers and enlisted me1 named in your frs tquestioi are en- titled to pay during the period for which they may be. reported as 'srnissing in action involves the de- termination of a question submitted on unknown premises, because so many conditions differing in their legal ap- plicatton may be embraced in the phrase missing in action" If the officer or private so reported should be a prisoner captured by the ene- my. and that fact should be establish ed, then such officer or private would be entitled to pay during such time as they were prisoners. If either an officer or private reported missing in action should be killed, or die later from wounds received in battle his. status in the matter of pay ol allowance would be determined ac cordinsly. It is possible that { man might desert his organization oi die as the result of his own miscon duct or become disabled, not in ser vice or action and be reported "miss ing" and in such cases the circum stances of the particular case would govern. An officer or private migh be dead and reported as missing il action without the fact of his beini dead becoming established.
 It is clear, therefore, that no detin fte general rule that shall cover pa. of officers and enlisted men reported missing in action can be formulated Their pay should be withheld unt1 their status can be definitely asee- lained. In case no information es tablishing their status can be obtain ed individual cases must be consid cred on their merit and determine upon such evidence as may be ob tainable.
 Your second question is answere accordingly,
 The question whether members @ the Army Nurse Corps, field clerks or other civilian employees of tn War Department are entitled to pa while held as prisoners of war by a enemy nation, or for the period fo