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A79556 1 (1917-05-23)

handle is hein.gao/gaobadaec0001 and id is 1 raw text is: DECISIONS OF THE COMPTROLLER-5 cation of such member, the effect of the act being merely to broaden the scope of the active duty for training that may be performed by a member of the Fleet Naval Reserve. The effect of the act of April 25, 1917, being thus limited, the determining factor as to right to pay while in hospital in any case where a member of the Fleet Naval Reserve is assigned to active duty for training in time of peace and is thereafter placed in hospital for treatment is whether or not, by placing the man in hospital, his active duty status was terminated. The general rule unde-lying the decision of this office above cited is, therefore, still appli- cable, but the question of its applicability to any particular case' is one dependent upon the facts of that case, having regard to the nature of the orders placing the man in hospital and to the nature and place of performance of the active duty on which he had been engaged, as well as the duration of the period for which he has been ordered to perform active duty. With respect to the members of the Fleet Naval Reserve called into active service in time of war, not for purposes of instruction or training, but in defense of the nation, and afterwards placed in hospital for treatment, a different rule from that stated in the above cited decision is applicable. The act of August 29, 1916, provides as follows: All members of the Naval Reserve Force shall, when actively employed as set forth in this act, be entitled to the same pay, allow- ances, 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. (39 Stat., 588.) Members of the Naval Reserve Force may he ordered into active service in the Navy by the President in time of war, or when, in his opinion, a national emergency exists. (39 Stat., 587.) Enrolled members of the Naval Reserve Force may, in tiie of war or national emergency, be required to perform active service in the Navy throughout the war or until the national emergency ceases to exist. (39 Stat., 588.) It would appear that the effect of these provisions is to place a member of the Fleet Naval Reserve, or of any other division of the Naval Reserve Force, called into active service in time of war, in the same status, with respect to rights, privileges, and duties as officers or enlisted men of the Regular Navy, including the same right to hospital treatment and to pay while undergoing such treat- ment. It would indeed be a strange law, or a strange construction of the act of August 29, 1916, that -would deny to a man called into the naval service of his country in time of war, and wounded or other- wise disabled in such service, the right to pay while under treatment for such wound or disability, and such a construction of the act of August 29, 1916, is not required. Accordingly, I am of the opinion that, in the case of a member of the Fleet Naval Reserve called into active service in time of war, and thereafter sent to a hospital for treatment, such olicer or en- listed man (as the case may be) is entitled to pay while in hospital, under the same circumstances and subject to the same limitations tinder which an officer or an enlisted man of the Regular Navy would be so entitled, no presumption as to termination of active-duty period arising merely from such person's being transferred to a hospital. (In this connection, however, attention is invited to articles Nos. X221 and 3222, Naval Instructions, and article No. 3582 (7), Naval Regulations of 1913.) The questions involved in your submission are answered accord- ingly. PAYMENT OF RENT IN ADVANCE. Under existing law the payment of rent In advance, by the month, year. or quarter, for naked lank luasod to the Government, Is not authorized (12 Comp. Dec., 782, modified). Decision by Comptroller Warwick, May 23, 1917: By his letter dated the 18th instant, the Auditor for the War Department calls attention to the decision of this office of June 22, 1906, as found in 12 Comp. Dec., 782, and suggests a modification of it, for reasons stated by him in his said letter. In said decision it was held, quoting the syllabus, that: Payment of rent in advance, by the month, year, or quarter, for naked lands leased to the Government, of which it has been placed in possession by the lessor, is not in violation of the terms of sec- tion 3648 of the Revised Statutes, as the Government obtains all it contracts for when it is placed in possession under the lease. (See also 19 Comp. Dec., 421.) Section 3648, Revised Statutes, provides: No advance of public money shall be made in any case whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered or of the articles delivered previously to such payment. In his letter the auditor says: 4 * * * There are many contracts on file in this office for the rental of real property, and, so far as known, with but one excep- tion, these contracts provide for payment at stated intervals subse- quent to the prior use of the rented premises by the Government, thus bringing them within the letter and spirit of the Revised Statutes above cited. 1 652 DECISIONS OF THE COMPTROLLER. 653

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