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A79217 1 (1903-04-22)

handle is hein.gao/gaobadacw0001 and id is 1 raw text is: DECISIONS OF TIRE COMPTROLLER. officer and not to the old navy pay of the grade in the line to which he was transferred by the navy personnel act. The pay of a line officer of his present grade in the Navy according to old navy rates i~s nlot his pay according to then existing law, but is a rate of pay to which lie would never have been entitled while holding his old rank and grade but for the navy personnel act. His pay has not been reduced by the operation of that act, and I have therefore to advise you that he is entitled only to pay at the rate of $2,142 per annum for shore service in the United States. PAY OF A SOLDIER AFTER APPREHENSION AS A DESERTER. A soldier who was ap~prehended as a deserter after having been absent in desertion from October 12, 1.902, to December 29, 1902, and who was discharged February 3, 1903, is entitled to pay from the (late of his apprehension until his discharge. (Assistant 0oMptroiller l- itchell to the ecretary of Thr April 00, 1903.) By your authority, I am in receipt of a comnunication from the Paymaster-General of the Army, -dated the 14th - i stant, as-followsr:-- ----- -- -___ Respectfully forwarded to the Coptroller of the Treas- uy, requesting theision on the point raied J e,0 Lieutenant- Cslonel Coe y , to wit, Is the soldier entited to n ay from date of- apprehensio to date of discharge' it has be i the custom fron timeimmemorialto view an appdrehended deserter as entitled to pai andat liowances f iom dite when hae is ataie within the control of the nilitao athoir ities and as favre as known to this office no objection) thceteo ha C. eer been raised by the accounting officers of the Treasur ' v By a uthority of the Secretary of War. The soldier in this case is reported enlisted June 2, 1902, to serve tLree years; is reported absent in desertion from Octo- ber 12, 1.902, to DeCemlber 29, 1902, and discharged. without honor by reason of desertion February 3, 1903. Upon the facts presented in this case, the specific question of the Pan~tr-eea is answered in the affirmative. This view is not. inconsistent with my decision in this case of the 30th ultimo with reference to the soldier's right to travel pay, FXPENSE OF PROCURING OPTIONS. 569 EXPENSE OF PROCURING OPTIONS AND ABSTRACTS OF TITLE IN THE RECLAMATION OF ARID LANDS. The provision in the act of June. 17, 1902, for the reclamation of arid lands, does not authorize the expense of procuring options for rights of way, water rights, or lands. The expense of procuring abstracts of title to land or rights to be acquired under the act of June 17, 1902, which provides for the reclamation of arid lands, is payable from the appropriation known as the Recla- ination Fund, provided the land or rights are to be purchased and not condemned. (Assistant Comptroller Mitehell to the ecretary of the lnterior, Apiil 2, 1903.) I have received your communication of the 7th instant, as follows: I inclose a copy of a letter of the 1st instant from the Acting Director of the Geological Survey in which he has requested that the opinion of the Comptroller of the Treasury be procured in connection with the administration of the reclamation service under the act of June 17, 1902 (32 Stat., '388), on these points: First. Whether the payment of a sum of money for an option for a right of way, water right, or land needed for the reclamation- work,-would -be a -proper--expenditure from the reclamation fund. Second. Whether the payment for services for the pre- paration of an abstract of title of lands or rights to be acquired for the reclamation work would be a proper expenditure. In compliance with this request I have the honor to ask that I be supplied with an opinion on the points specified by the Acting Director. The act of June 17, 1902 (32 Stat., 388), provides: That all moneys received fronw the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, T Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and one, including the surplus fees and conunissions in excess of allowances to registers and receivers, and excepting the five per centum of the proceeds of the sales of public lands in the aboye States set aside by law for educa- tioual and other purposes, shall be, and the same are hereby, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the 'reclamation fund' to be used 568

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