페이지 이미지
PDF
ePub
[ocr errors]

* Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1281).

A similar provision has appeared in subsequent appropriation acts. A provision appli-
able to the Ascal year 1936 was contained in Title III, deficiency appropriation act of
June 22, 1936 (49 Stat. 1640).

714b. Private property; damage by operation of camps of instruction, National
Guard.* * Provided, That not to exceed $25,000 of this appropriation
shall be available for the settlement of claims (not exceeding $500) for damages
to or loss of private property incident to the operation of camps of instruction,
either during the stay of National Guard units in such camps or while thereto
or therefrom en route. Sec. 1, military appropriation act of July 1, 1937 (50
Stat. 461).
A similar provision has appeared in subsequent appropriation acts.

Notes of Decisions

[ocr errors]

Negligence of caretaker, - Where tract of proper and safe maintenance of the camp land owned, equipped, and maintained by the and all structures tberein; negligence of Government, and used as a military training caretaker, from which the death of a visitor ground and camp site, was used by the Na- resulted, held to be the negligence of the tional Guard as a training camp it is held Government. Meagher v. U. S. (1938), 86 that the Government was responsible for Ct. Cl. 450.

715. Property of Army personnel; loss or damage in military service.—That private property belonging to officers, enlisted men, and members of the Nurse Corps (female) of the Army, including all prescribed articles of equipment and clothing which they are required by law or regulations to own and use in the performance of their duties, and horses and equipment required by law or regulations to be provided by mounted officers, which since the 5th day of April, 1917, has been or shall hereafter be lost, damaged, or destroyed in the military service, shall be replaced, or the damage thereto, or its value recouped to the owner as hereinafter provided, when such loss, damage, or destruction has occurred or shall hereafter occur without fault or negligence on the part of the owner in any of the following circumstances :

First. When such private property so lost, damaged, or destroyed was shipped on board an unseaworthy vessel by order of an officer authorized to give such order or direct such shipment.

Second. When it appears that such private property was so lost, damaged, or destroyed in consequence of its owner having given his attention to the saving of human life or property belonging to the United States which was in danger at the same time and under similar circumstances, or while, at the time of such loss, damage, or destruction, the claimant was engaged in authorized military duties in connection therewith.

Third. When during travel under orders such private property, including the regulation allowance of baggage, transferred by a common carrier, or otherwise transported by the proper agent, or agency of the United States Government, is lost, damaged, or destroyed; but replacement, recoupment, or commutation in these circumstances, where the property was or shall be transported by a common carrier, shall be limited to the extent of such loss, damage, or destruction over and above the amount recoverable from said carrier.

Fourth. When such private property is destroyed or captured by the enemy, of is destroyed to prevent its falling into the hands of the enemy, or is abandoned on account of lack of transportation or by reason of military emergency requiring its abandonment, or is otherwise lost in the field during campaign. Act of Mar. 3, 1885 (23 Stat. 350); act of Mar. \, 1921 (41 Stat. 1436); 31

[ocr errors][merged small]

U.S. C. 218.

That except as to such property as by law or regulation is required to be possessed and used by officers, enlisted men, and members of the Army Nurse Corps (female), respectively, the liability of the Government under this Act shall be limited to damage to or loss of such sums of money or such articles of personal property as the Secretary of War shall decide or declare to be reasonable, useful, necessary, and proper for officers, enlisted men, or menbers of the Army Nurse Corps (female), respectively, as the case may be, to have in their possession while in quarters, or in the field, engaged in the public service in the line of duty. Sec. 2 added to act of Mar 3, 1885, by act of Mar. 4, 1921 (41 Stat. 1437); 31 U. 8. C. 219.

That the Secretary of War is authorized and directed to examine into, ascertain, and determine the value of such property lost, destroyed, captured, or abandoned as specified in the foregoing paragraphs, or the amount of damage thereto, as the case may be; and the amount of such value or damage so ascertained and determined shall be paid by disbursing officers of the Army, or such property lost, destroyed, captured, or abandoned, or so damaged as to be unfit for service, may be replaced in kind from Government property on hand when the Secretary of War shall so direct. Sec. 3, added to act of Mar. 3, 1885, by act of Mar. 4, 1921 (41 Stat. 1437); 31 U. S. C. 220.

That the tender of replacement or of commutation or the determination made by the Secretary of War upon a claim presented as provided for in the foregoing section, shall constitute a final determination of any claim cognizable under this chapter, and such claim shall not thereafter be reopened or considered. Sec. 4, added to act of Mar. 3, 1885, by act of Mar. 4, 1921 (41 Stat. 1437); 31 U. S. C. 221.

That no claim arising under this Act shall be considered unless made within two years from the time that it accrued, except that when a claim accrues in time of war, or when war intervenes within two years after its accrual, such claim may be presented within two years after peace is established. Sec. 5, added to act of Mar. 3, 1885, by act of Mar. 4, 1921 (41 Stat. 1437); 31 U. S. C. 222.

The words “regulating allowance of baggage," above, were probably intended for “regulation allowance of baggage."

The acts of March 28, 1918 (40 Stat. 479), and July 9, 1918 (40 Stat. 880), were superseded by this section.

Notes of Decisions

Authority and jurisdiction. The determi-, in a proper case, by the Attorney General. nation by the Secretary of War of the claim (1935) 38 Op. Atty. Gen. 181. of an officer for loss of private property in the The determination of the Secretary of War military service under section 3 of the origin of a claim presented under section 3 of the nal text is final, and not reviewable by the original text is final and conclusive only court. Ines Flecha v. U. S. (1934), 79 Ct. when such determination is authoritatively CI. 180.

made. Held, That the Secretary's determinaUnder sections 3 and 4 of the original text tion that the statute was applicable to the the Comptroller General is without author- loss or damage of property in storage was ity to ignore or reject the findings of fact in clearly erroneous. Curran v. U. S. (1928), respect to a claim which has been deter-05 ct. Cl. 26. mined and approved by the Secretary of Property in storage.-Loss of personal Wor; but he may review such claim to deter property of officer stored with quartermaster mine whether its payment is authorized by while officer was on overseas duty held not the statute, bis determination being, of course, within section. Curran v. U. S. (1928), 65 subject to review by the Court of Claims, and, Ct. Cl. 26.

716. Horses and equipment of Army personnel; loss in military service.-The two preceding sections shall extend to all cases of the loss of horses by any officer, noncommissioned officer, or private in the military service of the United States, while in the line of his duty in such service, by capture by the enemy, whenever it shall appear that such officer, noncommissioned officer, or private was ordered by his superior officer to surrender to the enemy, and such capture was made in pursuance of such surrender. R. S. 3.184; 31 U. 8. C. 210.

When any minor, engaged in the military service of the United States, and provided with a horse or equipments, or with military accouterments, by his parent or guardian, dies, without paying for the property, and the same is lost, captured, destroyed, or abandoned, in the manner before mentioned, such parent or guardian shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same. R. S. 3486; 31 U. S. C. 212.

When any person other than a minor, engaged in the military service, is provided with a horse or equipments, or with military accouterments, by any person, being the owner thereof, who takes the risk of such horse, equipments, or military accouterments, on himself, and the same is lost, captured, destroyed, or abandoned, in the manner before mentioned, such owner shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on himself. R. S. 3.487; 31 U. 8. C. 213.

The two preceding sections mentioned in the first paragraph, above, were R. S. 3482, which is no longer in force, and 3483, ante, 714.

717. Property of civilian employees; loss or damage in river and harbor service.--*

* whenever personal property of employees of the United States, who are employed on or in connection with river and harbor works, is damaged or destroyed in connection with the loss, threatened loss, or damage to United States property, or through efforts to save life or to preserve United States property, the Chief of Engineers shall cause an immediate examination to be made, and if, in his judgment, the facts and circumstances are such as to make the whole or any part of the damages or destruction a proper charge against the United States, the Chief of Engineers, subject to the approval of the Secretary of War, shall have authority to adjust and settle all claims for damages or destruction caused by the above-designated collisions, accidents, and so forth, in cases where the damage or expense does not exceed $500, and pay the same from the appropriation directly involved, and to report such as exceed $500 to Congress for its consideration. Sec. 4, act of June 25, 1910 (56 Stat. 676); sec. 9, act of June 5, 1920 (41 Stat. 1015); 33 U. S. 0. 564.

717a. Property of foreign national; damage by operations of the Army That claims of inhabitants of France or of any other European country not an enemy or ally of an enemy for damages caused by American military forces may be presented to any officer designated by the President, and when approved by such an officer shall be paid under regulations made by the Secretary of War. Sec. 1, act of Apr. 18, 1918 (40 Stat. 532); 5 U.S. C. 210.

That claims under this statute shall not be approved unless they would be payable according to the law or practice governing the military forces of the country in which they occur. Sec. 2, act of Apr. 18, 1918 (40 Stat. 532); 5 U.S.C.

210.

[ocr errors]

That hereafter appropriations for the incidental expenses of the Quartermaster Corps shall be available for paying the claims herein described. Sec. 3, act of Apr. 18, 1918 (40 Stat. 532); 5 U.S. C. 210.

That this statute does not supersede other modes of indemnity now in existence and does not diminish the responsibility of any member of the military forces to the person injured or to the United States. Sec. h, act of Apr. 18, 1918 (10 Stat. 532); 5 U. 8. C. 210.

718. Pay claims; attorneys' fees.—* * Provided, That in the settlement of claims of officers, soldiers, sailors, and marines, or their representatives, and all other claims for pay and allowances within the jurisdiction of the Auditor for the War Department or the Auditor for the Navy Department, presented and filed hereafter in which it is the present practice to make deductions of attorneys' fees from the amount found due, no deductions of fees for attorneys or agents shall hereafter be made, but the draft, check, or warrant for the full amount found due shall be delivered to the payee in person or sent to his bona fide post-ofice address (residence or place of business). Sec. 1, act of June 6, 1900 (31 Stat. 637); 31 U. 8. C. 102.

Provided, That hereafter no agent or attorney shall demand or accept, for his services in connection with the prosecution of claims for arrears of pay, bounty, or other allowances due on account of the services during the Civil War of an officer or enlisted man of the Regular or Volunteer Armies of the United States, filed after the passage of this Act, any fee for any services rendered in connection therewith. Whoever shall violate this provision upon conviction shall be punished by a fine of not exceeding five hundred dollars or imprisonment for a period not exceeding six months, or both, and shall be disbarred from practice before the Treasury Department. Act of Dec. 22, 1911 (37 Stat. 49); 10 U. S. C. 867.

The duties of the auditors are now performed by the General Accounting Office. See 1646, post.

719. Pay claims; longevity.-That the Court of Claims shall certify to the proper accounting officers of the United States the findings of fact heretofore made for claimants in claims of officers of the United States Army for longevity pay under the decisions of the Supreme Court of the United States in United States against Morton (volume 112, United States Reports, page 1) and United States against Watson (volume 130, United States Reports, page 80), and of the Court of Claims in Stewart against United States (volume 34, Court of Claims Reports, page 553).

And that the proper accounting officers of the United States shall proceed to settle the claims so certified and all other claims for longevity pay and allowances on account of services of officers in the Regular Army arising under section 15 of an Act approved July 5, 1838, entitled "An Act to increase the present Military Establishment of the United States, and for other purposes," and subsequent Acts affecting longevity pay and allowances, in accordance with the decisions of the courts of the United States in all cases in which heretofore, namely, between 1890 and 1908, such claims were disallowed by any accounting officer of the Treasury, and no decision of a comptroller heretofore made against a claimant under said section 15 shall prevent a settlement under the terms of this Act of any such disallowed claim. Every such claim shall be payable to the claimant or to his widow or to his legal representative: Provided,

That no claim hereunder shall be allowed if made by any person who is an assignee of such claim nor to a legal representative without proof of the existence of blood relations to whom the fund would be distributed : Provided further, That it shall be unlawful for any agent or attorney, firm of attorneys, or any person engaged heretofore or hereafter in preparing, presenting, or prosecuting any claim under this Act to charge or receive more than 10 per centum of any amount appropriated in satisfaction of the claim. Act of Jan. 29, 1927 (1) Stat. 1054).

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Oct. 20, 1930, p. 113) that this section, based on act of January 29, 1927 (44 Stat. 1054), be included in the Code as not yet fully executed. 720. Pay claims; National Guard in Federal service.—That the Comptroller General of the United States be and he is hereby authorized and directed to adjust and settle claims for pay for services rendered during the fiscal years 1917, 1918, and 1919, or any portion thereof, for which appropriations are now being made pursuant to sections 67 and 92 of the National Defense Act, approved June 3, 1916, as amended, and certify such settlements to Congress from time to time. Act of May 22, 1928 (45 Stat. 704).

721. Pay claims; time limit for filing.-No claim for arrears of pay, bounty, or other allowances growing out of the service of Volunteers who served in the Army of the United States during the Civil War shall be received or considered by the accounting officers of the Treasury unless filed in the office of the Auditor for the War Department on or before December thirty-first, nineteen kundred and twelve:

No claim for arrears of pay, bounty, or other allowances growing out of the service of Volunteers who served in the Army of the United States during the War with Spain shall be received or considered by the accounting officers of the Treasury unless filed in the office of the Auditor for the War Department on or before December thirty-first, nineteen hundred and fourteen. Act of Dec. 22, 1911 (37 Stat. 49); 10 U.S. C. 866, 867.

[ocr errors][ocr errors]
« 이전계속 »