of the Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force: Provided, That a proportionate number of noncommissioned officers may be appointed. And the scouts, when they furnish their own horses and horse equipments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. Sec. 1276, R. S. As amended by act of Aug. 12, 1876 (19 Stat. 131).

697. Same-Mess sergeants, corporals, mechanics, etc.-Mess sergeants shall receive six dollars per month in addition to their pay; corporals of engineers, ordnance, Signal Corps, and Hospital Corps, chief mechanics, and mechanics, coast artillery, twenty-four dollars; corporals of cavalry, artillery, and infantry, mechanics of field artillery, blacksmiths and farriers, saddlers, wagoners, and artificers, twenty-one dollars. Act of May 11, 1908 (35 Stat. 109).

698. Same-Blacksmiths, farriers, privates, etc.-Not to exceed one blacksmith and farrier in each troop of cavalry and one mechanic in each battery of field artillery shall receive nine dollars per month additional for performing the duty of horseshoer; privates first class of engineers, ordnance, Signal Corps, and Hospital Corps, eighteen dollars; privates, Hospital Corps, sixteen dollars; trumpeters, musicians of infantry, artillery, and engineers, privates of cavalry, artillery, infantry, Signal Corps, and private second class, engineers and ordnance, fifteen dollars. Id.

699. Same-Marksmen, classifications of.-Hereafter enlisted men now qualified or hereafter qualifying as marksmen shall receive two dollars per month; as sharpshooters, three dollars per month; as expert riflemen, five dollars per month; as second-class gunners, two dollars per month; as first-class gunners, three dollars per month; as gun pointers, gun commanders, observers second class, chief planters and chief loaders, seven dollars per month; as plotters, observers first class, and casemate electricians, nine dollars per month, all in addition to their pay, under such regulations as the Secretary of War may prescribed, but no enlisted man shall receive at the same time additional pay for more than one of the classifications named in this section. Id. (35 Stat. 110).

700. Same-Number of gun pointers, etc., not to be increased.Nothing in this Act shall be construed to increase the total number of gun pointers, gun commanders, observers, chief planters, chief loaders, plotters, and casemate electricians now authorized by law. Id.

701. Same-Enlisted men of bands.-Hereafter the monthly pay during the first enlistment of enlisted men of bands, exclusive of the band of the United States Military Academy, shall be as follows:

Chief musicians, seventy-five dollars; principal musicians and chief trumpeters, forty dollars; sergeants and drum-majors, thirty

six dollars; corporals, thirty dollars; and privates, twenty-four dollars; and the continuous-service pay of all grades shall be as provided in this Act: Provided, That army bands or members thereof shall not receive remuneration for furnishing music outside the limits of military posts when the furnishing of such music places them in competition with local civilian musicians. Id.

702. Same-Not to be construed as to reduce that of any officer or enlisted man.-Nothing herein contained shall be construed so as to reduce the pay or allowance now authorized by law for any officer or enlisted man of the Army; and all laws or parts of laws inconsistent with the provisions of this Act are hereby repealed. Id.

703. Same-Horseshoer.-One of the two "blacksmiths and farriers" now authorized by law for each troop of cavalry shall hereafter be designated as "horseshoer" and receive the pay of a sergeant of cavalry, and the other shall hereafter be designated as "farrier" and receive the pay of a corporal of cavalry; and that one of the "mechanics" now authorized by law for each battery of field artillery shall hereafter be designated as "horseshoer" and receive the pay of a sergeant of artillery. Act of Mar. 23, 1910 (36 Stat. 245). 704. Detachments at recruiting depots and prisons-Pay and allowances of.-Hereafter the Secretary of War shall be authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruit depots and the United States military prison, and of the enlisted men so detached, and while performing such duty, there shall be allowed for each depot and the prison one who shall have the rank, pay, and allowances of battalion or squadron sergeant-major, and for each recruit and prison company one who shall have the rank, pay, and allowances of first sergeant, five the rank, pay, and allowances of sergeant, and six the rank, pay, and allowances of corporal, of the arm of the service to which they respectively belong. Act of June 12, 1906 (34 Stat. 242).

705. Repealed. Increased pay in time of war repealed by Act of May 11, 1908 (35 Stat. 110), amending and reenacting section 6, Act of April 26, 1898. See opinion of this office of April 23, 1914, 72–200; 52-140.1

706. Bonus for reenlistment.-Hereafter any private soldier, musician or trumpeter honorably discharged at the termination of his first enlistment period who reenlists within three months of the date of said discharge shall, upon such reenlistment, receive an amount

1It has been decided by the Comptroller of the Treasury that the increase of 20 per cent authorized by section 6 of the act of April 26, 1898, is to be computed upon the minimum rates of pay, or pay proper, allowed by law to the several grades of enlisted men. All increases in or additions to the pay of enlisted men, as for reenlistment, length of service, certificates of merit, and the like are to be excluded from the computation. (4 Comp. Dec., 668.)

equal to three months' pay at the rate he was receiving at the time of his discharge. Act of May 11, 1908 (35 Stat. 110).

707. Same-Retained pay.-Hereafter no pay shall be retained; but this provision shall not apply to deductions authorized on account of the Soldiers' Home.1 Act of Mar. 16, 1896 (29 Stat. 60).

708. Same-Continuous service.-Hereafter any soldier honorably discharged at the termination of an enlistment period who reenlists within three months thereafter shall be entitled to continuous-service pay as herein provided, which shall be in addition to the initial pay provided for in this Act and shall be as follows, namely: For those whose initial pay as provided herein is thirty-six dollars or more an increase of four dollars monthly pay for and during the second enlistment, and a further increase of four dollars for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. For those whose initial pay as provided for herein is eighteen, twenty-one, twentyfour, or thirty dollars, an increase of three dollars monthly pay for and during the second enlistment, and a further increase of three dollars for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. For those whose initial pay as provided for herein is fifteen and sixteen dollars, an increase of three dollars monthly pay for and during the second and third enlistments each, and a further increase of one dollar for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. Act of May 11, 1908 (35 Stat. 109).

1

For act of May 11, 1908 (35 Stat. 110), repealing the authorized deduction from the pay of enlisted men for the benefit of the Soldiers' Home, see paragraph 721, post.

By the acts of May 15, 1872 (17 Stat. 116, sec. 1281, Revised Statutes), and June 16, 1890 (26 id., 157), certain portions of the monthly pay of enlisted men were retained by the United States. The sums so retained were paid to the soldier at discharge, with interest at the rate of 4 per cent per annum from the several dates of retention, provided the service of the soldier had been honest and faithful, and the Secretary of War was authorized to determine what misconduct on the part of the soldier should "constitute a failure to render honest and faithful service" within the meaning of the statute. It was provided, however, that "no soldier who has deserted at any time during the term of an enlistment shall be deemed to have served such term honestly and faithfully" (26 Stat. 157). The practice of retaining pay was discontinued as to enlisted men in the first year of their enlistments by the act of February 12, 1895 (28 Stat. 654), and as to enlisted men generally by the act of March 16, 1896 (29 Stat. 60). Since March 16, 1896, the several statutes respecting the retention of pay of enlisted men have applied only in the settlement of the accounts in cases where retained pay had accrued prior to the passage of the act of March 16, 1896.

Retained pay is authorized by law. The Secretary of War has no control over it. He only determines whether the service has been honest and faithful. The operation of the law follows immediately upon his decision, and either vests in the soldier the right to receive the pay or deprives him of it, according to the character of service he has rendered. (3 Dig. 2d Comp. Dec., 231.)

Under the act of June 16, 1890, the accounting officers have no jurisdiction to review a decision of the Secretary of War that a soldier did not serve honestly and faithfully. (3 Comp. Dec., 557.)

709. Same-Commissioned service in Volunteer organizations to be counted as.-All enlisted men of the Regular Army who served as commissioned officers of United States Volunteers organized in eighteen hundred and ninety-eight and eighteen hundred and ninetynine, or who have served or may be now serving as such in the Porto Rico Provisional Regiment or in the Philippine Scouts, who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous-service pay and to count, in computing the time necessary to enable them to retire, as enlisted men. Act of Mar. 2, 1903 (32 Stat. 934).

710. Same-Commissioned service in Philippine Scouts to be counted as.-All enlisted men of the Regular Army who have been appointed commissioned officers of Philippine Scouts subsequent to March second, nineteen hundred and three, or who may hereafter be so appointed, and who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous service pay and to count, in computing the time necessary to enable them to retire, as enlisted men. Act of June 12, 1906 (34 Stat. 248).

711. Same-Allotments of.-The Secretary of War is hereby authorized to permit enlisted men of the United States Army to make allotments of their pay, under such regulations as he may prescribe, for the support of their families or relatives, for their own savings, or for other purposes, during such time as they may be absent on distant duty, or under other circumstances warranting such action.1 Sec. 16, Act of Mar. 2, 1899 (30 Stat. 981).

712. Same-Credit to disbursing officers for payment of.-Hereafter all allotments of pay of enlisted men of the United States Army, under section sixteen of act of Congress approved March second, eighteen hundred and ninety-nine, that have been or shall be paid to the designated allottees, after the expiration of one month subsequent to the month in which said allotments accrued, shall pass to the credit of the disbursing officer who has made or shall make such payment: Provided, That said disbursing officer shall, before making payment of said allotments, use, or shall have used, due diligence in obtaining and making use of all information that may have been received in the War Department relative to the grantors of the allotments: And provided further, That if an erroneous payment

Under section 16 of the act of March, 1899, which authorizes the Secretary of War to permit enlisted men of the Army to make allotments of their pay, payment in advance, or without evidence that the soldier is entitled to the amount allotted at the time the payment is to be made, is not authorized. (6 Comp. Dec., 252.)

is made because of the failure of an officer responsible for such report to report, in the manner prescribed by the Secretary of War, the death of a grantor or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Paymaster-General from the officer who fails to make such report, if such collection is practicable.1 Act of Mar. 2, 1901 (31 Stat. 896).

713. Period and computation of time for retirement.-That when an enlisted man has served as such thirty years in the United States Army or Marine Corps, either as private or noncommissioned officer, or both, he shall, by application to the President, be placed on the retired list hereby created, with the rank held by him at the date of retirement, and he shall receive thereafter seventy-five per centum. of the pay and allowances of the rank upon which he was retired: Provided, That if said enlisted man had war service with the Army in the field, or in the Navy or Marine Corps in active service, either as volunteer or regular, during the war of the rebellion, such war service shall be computed as double time in computing the thirty years necessary to entitle him to be retired. Act of Sept. 30, 1890 (26 Stat. 504).

714. Retired enlisted men-Additional allowances to.-That when an enlisted man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, with seventyfive per centum of the pay and allowances he may then be in receipt. of, and that said allowances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel, and light: Provided, That in computing the necessary thirty years' time all service in the Army, Navy, and Marine Corps shall be credited. Act of Mar. 2, 1907 (34 Stat. 1217).

715. Allowances of retired enlisted men-Cash payment in lieu of.Hereafter a monthly allowance of nine dollars and fifty cents be granted in lieu of the allowance for subsistence and clothing. Act of Mar. 16, 1896 (29 Stat. 62).

1

For requirements of regulations in respect to allotments of pay by enlisted men, and payments of the same to the designated allottees, see paragraphs 1347-1360, A. R., 1913. Under the authority conferred by the above statutes the privilege of making allotments of pay is restricted to enlisted men and does not extend to commissioned officers.

2

This statute replaces the act of February 14, 1885 (23 Stat. 305), on the same subject.

3

For provisions as to pay of enlisted men of the Volunteer forces when in the service of the United States, under section 13, Act of April 27, 1914 (Pub. No. 90, 38 Stat. -), see paragraph 1394, ante.

See paragraph 1052, post, chapter Enlisted Men.

Under the act of February 14, 1885 (23 Stat. 305), and the act of September 30, 1890 (26 id., 504), providing that a hospital steward shall be retired on 75