private mounts the additional pay does not accrue.-See 16 Comp., 110, Aug. 21, 1909, and Comp., Mar. 31, 1910, Cir. 21, W. D., 1910.

559. Officers of the Army on the retired list who may be detailed to active duty in the recruiting service or as professors of military science and tactics at educational institutions are not officers "required to be mounted," and therefore do not fall within the provisions of paragraph 1291, Army Regulations.-Cir. 81, W. D., 1908.

If assigned to active duty with organized militia, their right to additional pay for private mounts is dependent upon the order of assignment announcing that the duty requires them to be mounted.-Sec. of War, Aug. 4, 1909, P. M. G. O., 77098.

560. The authorized staff officers of artillery districts within the meaning of paragraph 555 are as follows:

a Lieutenants may be detailed in place of captains if the allowance is not exceeded.

2222222111211

The only artillery district staff officers who are certified as required to be mounted

are:

Where there is authorized in this order

One staff officer-the adjutant.

Two staff officers-the adjutant and the artillery, engineer.

Three staff officers-the adjutant, the artillery engineer, and the ordnance officer. Four staff officers the adjutant, the artillery engineer, the ordnance officer, and the quartermaster.

See G. O., 16, 1905, G. O., 2 and 86, 1907, G. O., 13 and 62, 1908, G. O., 16 and 74, 1909.

STAFF DETAILS.

561. "The regimental staff officers are appointed from the captains, and consist of the adjutant, the quartermaster, and the commissary, and they will be so designated, respectively. They are appointed by the regimental commander, who will at once report his action to The Adjutant General of the Army. The battalion staff officers consist of the adjutant and the quartermaster and commissary, and will be designated as the battalion (or squadron) adjutant and the battalion (or squadron) quartermaster and commissary, respectively. In the cavalry and infantry arms the battalion adjutant will be appointed from the first lieutenants and the battalion quartermaster and commissary from the second lieutenants. In the engineer and field artillery arms battalion adjutants are appointed from the captains; battalion quartermasters and commissaries from the lieutenants. Except in the battalions of engineers they are appointed by the regimental commander after consultation with the battalion commander. When a battalion is detached and serving at such a distance from regimental headquarters that more than fifteen days are required for exchange of correspondence by mail, the battalion staff officers are appointed by the battalion commander, who will immediately notify the regimental commander and The Adjutant General of the Army. 54748°-10- -6

In the battalions of engineers they are appointed by the battalion commanders.”—A. R. 243, 1908. Amended by G. O., 3, W. D., Jan. 9, 1909.

NOTE.-Regimental and battalion or squadron staff officers appointed pursuant to the terms of this regulation are entitled to the pay of their grade.-See 14 Comp., 856, June 8, 1908.

562. A regimental, squadron, or battalion commissary is not entitled to pay as acting commissary.-5 Comp., 761, May 2, 1899; Comp., Oct. 28, 1903, Cir. 20, W. D., 1903.

563. Acting judge-advocates will have "the rank, pay, and allowances of captain, mounted," and "shall be detailed from officers of the grades of captain or first lieutenant of the line."-Act Feb. 2, 1901, 31 Stat., 751; G. O., 9, 1901.

NOTE.-A lieutenant is entitled to the increased pay from date of reporting in person for duty, or from date of order if in performance of such duty on that date. The increased pay ceases with date of actual relief unless relieved while on leave of absence, in which case it ceases with date of order.

564. Captains and lieutenants may be detailed for duty with the General Staff Corps, and "while so serving, shall have the rank, pay, and allowances of captain, mounted."-Act Feb. 14, 1903, 32 Stat., 831; G. O., 15, 1903.

565. The detail of an officer to a staff department vacates his position in the line, which is at once filled by promotion. He therefore becomes an officer of the staff corps or department from the date the detail is effective.-P. M. G.

566. Second lieutenants detailed for duty in the Ordnance Department "shall while so serving, receive the pay of first lieutenant."—Act Mar. 2, 1903, 32 Stat., 943; G. O., 24, A. G. O., 1903.

"Details to the Ordnance Department under the provisions of the act of February 2, 1901, may be made from the Army at large from the grade in which the vacancy exists or from the grade below."-Act June 25, 1906, 34 Stat., 455; G. O., 191, 1906.

567. "The principal assistant in the Ordnance Bureau shall receive a compensation, including pay and emoluments, not exceeding that of a major of ordnance." R. S., 1279.

568. "A chief ordnance officer may be assigned to the staff of an army or corps commander, and while so assigned shall have the rank, pay, and allowances of a lieutenant-colonel. A chief ordnance officer may be assigned to the staff of a division commander, and while so assigned shall have the rank, pay, and allowances of a major."-Act July 7, 1898, 30 Stat., 720; G. O., 96, 1898.

The assignment of a chief ordnance officer can only be made by the President to entitle to the increased pay.-7 Comp., 460, Feb. 25, 1901; Cir., 253, P. M. G. O. (Case Captain Wood.)

569. The Secretary of War is authorized to detail an officer to duty as assistant to the Chief of the Bureau of Insular Affairs of the War Department, who while acting under said detail shall have the rank, pay, and allowances of a major.—Act Mar. 2, 1907, 35 Stat., 1162.

Authorized to detail one additional officer as assistant to the Chief of the Bureau of Insular Affairs of the War Department, who while serving in this capacity shall have the rank, pay, and allowances of a colonel. Both officers detailed in the Bureau of Insular Affairs shall hereafter be designated, while on this duty, as assistants to the chief of the bureau.-Act Mar. 23, 1910; G. O., 54, 1910.

PAY OF ENLISTED MEN.

570. “The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoidable."R. S., 1189.

571. "Troops will be paid every month unless circumstances prevent, in which case the paymaster charged with the payment will immediately report the facts through his chief paymaster, to the Paymaster-General.”—A. R., 1335, 1908.

572. Rates of monthly pay to enlisted men, acts May 11 and 28, 1908, and Mar. 23, 1910.

573. An enlisted man "captured by the enemy shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay and allowances to which he may be entitled while in the actual service of the United States."-R. S. 1288.

574. "Payments to enlisted men will be made on pay rolls, with the following exceptions: Enlisted men retired; men of the post noncommissioned staff (or acting as such), and men of the Signal Corps on duty where there are no other troops. These men will be paid on their descriptive lists. Payments to discharged soldiers will be made by any paymaster under the provisions of paragraphs 1395 to 1403."—A. R., 1357, 1908.

575. Upon the application of the governor of any State or Territory furnished with material of war the Secretary of War may, in his discretion, detail one or more enlisted men of the Army to report to the governor of such State or Territory for duty in connection with the organized militia.-Sec. 20, act Jan. 21, 1903, amended by act May 27, 1908, 35 Stat., 403.

All matters relating to the pay, clothing allowance, subsistence, discharge, reenlistment, death and desertion of enlisted men detailed for duty with the organized militia under section 20 of the act of Congress approved January 21, 1903, as amended by the act of Congress approved May 27, 1908, will be administered and determined at the headquarters of the department in which such enlisted men may be serving. The descriptive lists of these men will be kept at department headquarters.—Par. 1041⁄2, A. R., published in G. O., 64, W. D., Mar. 30, 1909.

576. In making payments on descriptive lists paymasters will be held responsible that payment accords with, and has been noted on, the soldier's descriptive list. NOTE.-Erasures of entries on a descriptive list or descriptive and assignment card are prohibited. All changes made in original entries thereon will be duly authenticated by the signature of the officer making the changes. Under no circumstances will slips of paper be pasted or attached to a descriptive list or descriptive and assignment card.-Cir. 12, W. D., 1910.

577. "Payments will be made as soon after the close of each month as practicable. The troops at posts where paymasters are stationed and others in their immediate vicinity, to be designated in instructions issued from the War Department, will be paid by paymasters in person. * Troops in the field will be paid by paymasters in person, unless instructions to the contrary are given by proper authority."A. R., 1336, 1908.

* *

578. "The commander of any territorial division or department will, unless otherwise directed by the War Department, give the necessary orders providing for the payment of troops at posts or places, within the limits of his division or department, that are excepted from his control by the War Department."-A. R., 187, 1908.

579. A commanding officer is not authorized to withhold a soldier's pay on the theory that, if paid, he would probably desert.-Cir. 14, A. G. O., 1890.

580. "A soldier awaiting result of trial will not be paid before the result is known." —A. R., 979, 1908.

581. No payments will be made to furloughed soldiers without authority from the War Department.—A. R., 112, 1908.

582. "When a paymaster has made an incorrect payment to an enlisted man, he will report the fact to the commander of the company in which the man is mustered, who will note the same on the next muster and pay roll, that it may be corrected.”A. R., 1356, 1908.

583. A soldier detained by civil authorities as witness before State court is entitled to pay during such period.-P. M. G., Feb. 20, 1855.

584. "Officers and enlisted men in arrest and confinement by the civil authorities will receive no pay for the time of such absence; if released without trial, or after

trial and acquitted, their right to pay for the time of such absence is restored."— A. R., 1391, 1908.

NOTE. If pending the final determination of the case the soldier rejoins his station he should be paid any arrears of pay due at date of arrest and also from the date of reporting at his station.-J. A. G., Dec. 15, 1908; P. M. G. O., 72740.

585. An enlisted man arrested by civil authorities, admitted to bail, and his trial indefinitely postponed, it being apparently not the intention of the authorities to prosecute the case, is entitled to pay from the date of his arrest.—10 Comp., 490, Dec. 22, 1903. (Case Michael Rose, Navy.)

586. A soldier arrested and held in confinement by the civil authorities and whose case is settled out of court is in the status of discharged without trial and his right to pay for the time of his absence in confinement is restored.-J. A. G., Dec. 21, 1909; P. M. G. O., 80120.

587. When the case against a soldier held in confinement by the civil authorities has been nol-prossed his right to pay for the period of his absence in confinement is restored.— J. A. G., Mar. 18, 1909; P. M. G. O., 74603.

588. A soldier arrested and convicted by civil authorities while on furlough is entitled to pay until expiration of said furlough.-9 Comp., 253, Dec. 12, 1902.

589. A soldier discharged by the civil authorities after three trials—the jury failing to agree is entitled to pay for the time held in confinement, as he was not convicted. 2d Comp., A 4532, P. M. G. O., 1892.

590. Pay and allowances due a soldier at date he was withdrawn from service by civil authorities can not be disallowed because of conviction of crime by such authority. 2d Comp., Mar. 17, 1879, G. O., 39, 1879; 9 Comp., 249, Dec. 12, 1902.

591. "A fraudulent contract of enlistment is not void but voidable only at the option of the Government. The Government, on becoming cognizant of the fraud, may avoid the contract, or waive the objection and allow it to stand, in which latter case the accepted service is as legal as that of any other soldier. Where the fraudulent character of an enlistment contract did not become known until after a part of it had been executed, held, that while the same, as to its unexecuted portion might legally then be avoided and terminated, yet, as to the part executed, it was a valid contract."-Digest J. A. G., 1901, 1415; see also 12 Comp., 326, Nov. 25, 1905. (Case Chas. Davidson.) Also 12 Comp., 445, Feb. 6, 1906.

And a soldier serving in fraudulent enlistment who deserted from the Army, surrendered to the Marine Corps, served sentence for desertion in said corps, returned to military control, was tried and found guilty of fraudulent enlistment, but not guilty of desertion, and sentenced to forfeit a portion of his pay for six months, is entitled to his pay and allowances except during the time he was absent.-Comp., Jan. 31, 1907, P. M. G. O., 59881. (Case Geo. Logan, C. Art.)

592. Where a soldier fraudulently enlists without a discharge from a prior enlistment, he may be brought to trial for desertion and fraudulent enlistment, or he may be restored to duty without trial and held to serve either the fraudulent enlistment or the one from which he deserted, or both, at the option of the Government. In practice, if he is held to serve only one, he is discharged without honor from the other. Opinions J. A. G., ed. 1901, par. 1419.

593. A soldier discharged for fraudulent enlistment by order of a United States court on habeas corpus proceedings, is not entitled to pay, travel pay, or other allowances—although the War Department had been cognizant of the claim of fraud but had held him in service.-13 Comp., 816, May 25, 1907. (Navy case.)

594. It is well settled that an enlisted man whose enlistment is procured by fraud, unless the Government waives the objection and allows the enlistment to stand, is not entitled to any arrears of pay and allowances for the service under the fraudulent enlistment.-12 Comp., 326, Nov. 25, 1905.