Surfman Cramer returned to duty August 1, 1911; but, upon recommendation of the inspector of stations, was sent to the Marine Hospital at Philadelphia for examination on December 11, 1911.

The surgeon in charge pronounced him unfit for duty as follows: "One-half inch shortening of right leg with tension of muscles around right hip and some atrophy of right gluteal muscles, flat feet, chronic eczema skin of right popliteal space and of pubes."

Certain difficult features are presented in this case. While it is claimed that Darius Cramer was injured on February 5, 1905, he continued in the service until January 6, 1912, and was carried on the rolls at the rate of $700 per annum until August 17, 1913, under the provisions of section 7 of the act of May 4, 1882 (22 Stat., 57). He did not die until January 20, 1915.

The papers in this case were referred to the Surgeon General of the Public Health Service, who made an indorsement thereon January 31, 1917, as follows:

Respectfully returned to the Captain Commandant U. S. C. G., with the opinion that the evidence of death herewith submitted, and that it resulted from disease contracted in line of duty in the LifeSaving Service, should be considered sufficient."

The question in this case is one of expert opinion, whether the injury received in 1905 caused the death in 1915. The appellant is only entitled to be paid her claim in case she is able to show that her husband died from an injury received in line of duty.

The presumption that a death in 1915 was not the direct result of an injury or disease of this kind received in 1905, and that presumption is nothing more than a layman's belief founded upon the long period of time, must give way to the expert opinion of the Government's own chief medical officer charged with the official duty of giving his opinion in such cases.

Upon the record submitted it is concluded that the claim is established and a certificate of difference will issue allowing it.

"DEATH GRATUITIES," NAVAL RESERVE FORCE, NAVAL MILITIA, AND NATIONAL NAVAL VOLUNTEERS.

The act of August 22, 1912, relative to payment of so-called "death gratuities to beneficiaries of officers or enlisted men of the Navy and Marine Corps, is applicable to the officers and enlisted men of the Naval Reserve Force, the Naval Militia, and the National Naval Volunteers who die while in the active service of the United States.

Comptroller Warwick to the Secretary of the Navy, June 12, 1917:

I have your letter of May 12, 1917, requesting decision as to whether the provision in the act of August 22, 1912 (37 Stat., 329), hereinafter quoted, is applicable to the officers and enlisted men of

the Naval Reserve Force, the Naval Militia, and the National Naval Volunteers who die while in the active service of the United States. The act of August 22, 1912, provides:

"That hereafter immediately upon official notification of the death, from wounds or disease not the result of his own misconduct, of any officer or enlisted man on the active list of the Navy and Marine Corps the Paymaster General of the Navy shall cause to be paid to the widow, and, if no widow, to the children, and, if there be no children, to any other dependent relative of such officer or enlisted man previously designated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death, less seventy-five dollars in the case of an officer and thirtyfive dollars in the case of an enlisted man, to defray expenses of interment, and the residue, if any, of the amount reserved shall be paid subsequently to the designated person."

The act of August 29, 1916 (39 Stat., 587), established, under the Department of the Navy, a Naval Reserve Force, to consist of six classes, and to be composed of citizens of the United States, who, by enrolling under regulations prescribed by the Secretary of the Navy or by transfer thereto as provided in said act, obligate themselves to serve in the Navy in time of war or during the existence of a national emergency declared by the President.

Members of the Naval Reserve Force may be ordered into active service in the Navy by the President in time of war or when, in his opinion, a national emergency exists. Those given a provisional grade, rank, or rating when first enrolled may, upon their application, be assigned to active service in the Navy for such periods of instruction and training as may enable them to qualify for and be confirmed in such grade, rank, or rating. When in active service in the Navy, either by order of the President in time of war or national emergency, or on their own request for instruction and training, they are subject to the laws, regulations, and orders for the government of the Regular Navy, and are "entitled to the same pay, allowances, gratuities, and other emoluments as officers and enlisted men of the naval service on active duty of corresponding rank or rating and of the same length of service."

The act of February 16, 1914 (38 Stat., 283) provides:

"That of the Organized Militia as provided for by law such part of the same as may be duly prescribed in each State, Territory, and for the District of Columbia shall constitute a Naval Militia."

It further provides that in the event of war, actual or threatened, and under certain other circumstances, it shall be lawful for the President to call the Naval Militia into the service of the United States, and when so called they shall be governed by the Navy Regulations and the articles for the government of the Navy, and shall,

during their time of such service, "be entitled to the same pay and allowances as are or may be provided by law for the Regular Navy." Section 19 of said act also extends the benefits of the pension laws existing at the time. of service to all members of the Naval Militia who are disabled by reason of wounds or disabilities received or incurred in the naval service of the United States in time of war, and to the widows and children of those who die by reason of such wounds or disabilities.

The act of August 29, 1916 (39 Stat., 595), created a force to be known as the "National Naval Volunteers," into which the President alone is authorized, under such regulations as he may prescribe, to at any time enroll, by commission, warrant, and enlistment, officers and men of the Naval Militia, for use in any emergency, including that of actual or imminent war, requiring the use of naval forces in addition to those of the Regular Navy.

The officers and men so enrolled are liable for call for immediate service in the event of any such emergency.

The act further provides:

*

"That every person enrolled in said Volunteers shall, from the date of the call of the President and during the continuance of his active service under said call, stand relieved from all duty as a member of the Naval Militia, and shall, during said period, have in said Volunteers all the authority and obligations of a person of similar rank, grade, or rate in the United States Navy or Marine Corps, shall be governed by the laws and regulations for the government of the Navy, and shall, during his time of active service, be entitled to the same pay and allowances as are, or may be hereafter, provided by law for a person of similar rank, grade, or rate in the United States Navy and Marine Corps, respectively, * (39 Stat., 596.) "That when any officer or enlisted man of the said Volunteers is disabled by reason of wounds or disabilities received in the active service of the United States, when called to duty under the provisions of this act, he shall be entitled to all the benefits of the pension laws existing at the time of his service for the benefit of members of the United States Navy or Marine Corps, respectively, and in case such officer or enlisted man dies in the active service of the United States, or in returning to his place of residence after being relieved from such active service, or at any time in consequence of wounds or disabilities received in such active service, his widow and children, or previously designated dependent relatives, if any, shall be entitled to all the benefits of such pension laws." (39 Stat., 597.) In 23 Comp. Dec., 36, it was held, quoting the syllabus:

"The act of May 11, 1908, as amended by the act of March 3, 1909 (35 Stat., 735), relative to payment of so-called 'death gratuities' to beneficiaries of officers or enlisted men of the Army, is applicable to officers and enlisted men of the Organized Militia called into the military service of the United States pursuant to law."

The Naval Reserve Force, the Naval Militia, and the National Naval Volunteers, when employed in active service with the Navy pursuant to law, bear the same general relation to the Regular Navy as the Organized Militia called into the military service bears to the Regular Army.

I think the principle of the above decision in regard to the Organized Militia is equally applicable to the question herein presented, which is answered in the affirmative.

INTEREST ON MONEY DEPOSITED BY CLERKS OF UNITED STATES DISTRICT COURTS.

Interest accruing on money collected by a clerk of a United States district court for official services rendered, and deposited in bank by him in his own name, pending the rendering of his semiannual return, does not constitute an emolument of his office to be accounted for to the United States.

Decision by Comptroller Warwick, June 13, 1917:

The Attorney General applied, May 3, 1917, for revision of the action of the Auditor for the State and Other Departments in settlement No. 29488, dated April 5, 1917, of the emolument accounts of William Nelson, clerk, United States district court, district of Massachusetts, for the calendar year 1916, with a view to charging him with the amount of $90.11, interest accruing on moneys collected by him as earnings of his office during that year, if, in my opinion, such moneys come legally within the description of "emoluments."

In reply to my letter of May 12, 1917, requesting further details as to the source and character of the funds upon the total of which the interest accrued and the manner in which such funds are drawn and held by the clerk, the following extracts from the report of Examiners Masterson and McCanna on the clerk's office, dated April 15, 1916, are submitted:

"Moneys received as 'Miscellaneous earnings,' or for services performed other than in cases and for which a deposit had been previously made, including the clerk's statutory filing fee in bankrupty cases, are deposited by him direct to his personal credit in the National Shawmut Bank of Boston, in an account designated • William Nelson.' The cash book showed no balance of 'Miscellaneous earnings' at the close of business on September 16, 1915. The amount of such moneys on hand at the close of business on said date was $130.65. The amount in the bank to the credit of such account on the date in question was $6,471.99.

"In this account is deposited also moneys withdrawn from the account William Nelson, clerk, U. S. district court,' referred to above, on account of fees earned from time to time for services rendered in cases in which deposits had previously been made; also to such account is deposited moneys withdrawn from the account in the

First National Bank designated 'William Nelson, clerk, U. S. district court, naturalization account,' on account of fees in naturalization matters personally belonging to the clerk.

"While such moneys are deposited to his personal credit, no other moneys are deposited to the account in question, and disbursements are made only in payment of salaries of deputies and clerical assistants, office expenses, and, of course, to the clerk personally on account of compensation.

"As the total amount of fees received from individuals and corporations is in excess of the maximum compensation of the clerk allowed by law, and all such moneys are deposited to the account in question, the result is: The clerk actually has moneys to his personal credit which must be finally accounted for by him as excess emoluments, to be deposited to the credit of the Treasurer of the United States."

On the basis of this report, and as a further reply to my letter, the Attorney General states:

"From the foregoing it will appear (1) that the account in question consists of earnings of the clerk in cases in bankruptcy law, equity, etc., miscellaneous earnings of his office, and the clerk's share of naturalization moneys; (2) that the account is carried as a personal account, although consisting solely of official earnings of the clerk, and (3) that checks are drawn on this account for payment of deputies, stationers, etc., the clerk's personal compensation, and the balance due the United States from his earnings."

The question presented by the Attorney General is whether, as the principal is composed entirely of earnings, the interest thereon constitutes a perquisite of the office within the scope of emoluments to be accounted for to the United States. In other words, it is a question as to the character of such funds coming into the clerk's hands. Exhaustive reviews of legislation respecting fees and emoluments of clerks of the Federal courts are found in the cases of United States v. Hill, 120 U. S., 169, and 123 U. S., 681, and United States v. Mason, 218 U. S., 517. In these cases it is particularly pointed out that prior to 1841 clerks were under no obligation to render any account of fees or emoluments to the Government. They retained all revenues so coming to their hands, but in that and subsequent years the legislation having the effect of limiting their earnings was inaugurated and continued. These cases deal with the intent embodied in such legislation and are persuasive in determining the character of the moneys received by the clerk in the discharge of his official duties. In the above case of the United States v. Hill it was said:

"The clerk of a court of the United States collects his taxable • compensation,' not as the revenue of the United States but as the fees and emoluments of his office, with the obligation on his part to account to the United States for all he gets over a certain sum