fect on the dates such officers reach Manila, and as terminating on the dates of their departure from Manila, in returning to their stations. Act of Mar. 2, 1907 (34 Stat. 1171), making appropriations for the support of the Army. 1667. Pay of officers forfeited during absence without leave.-Every officer who is dropped by the President from the rolls of the Army, for absence from duty three months without leave, shall forfeit all pay due or to become due. R. S. 1266.

1668. Pay forfeited during disease due to misconduct.* Provided, That hereafter no officer or enlisted man in active service who shall be absent from duty on account of disease resulting from his own intemperate use of drugs or alcoholic liquors or other misconduct shall receive pay for the period of such absence, the time so absent and the cause thereof to be ascertained under such procedure and regulations as may be prescribed by the Secretary of War: * Act of Apr. 27, 1914 (38 Stat. 353), making appropriations for the support of the Army.

A soldier absent for more tuan one day due to any of the above reasons must also make good the time lost, by A. W. 107, chap. 52, post.

*

1669. Warrant officers.Warrant officers other than those of the Army Mine Planter Service, shall receive base pay of $1,320 a year and the allowances of a second lieutenant, shall be entitled to longevity pay and to retirement under the same conditions as commissioned officers; ** Sec. 4a, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761). That, commencing January 1, 1920, warrant officers, Army Mine Planter Service, shall be paid, in addition to all pay and allowances now authorized by law, an increase at the rate of $240 per annum: Provided, That this increase shall remain effective until the close of the fiscal year ending June 30, 1922, unless sooner amended or repealed. Act of June 5, 1920 (41 Stat. 956-957), making appropriations for the support of the Army.

Warrant officers were created for the mine planter service, by the act of July 9, 1918, post 2138. This act first established that grade in the Army. For additional pay for foreign service, see 1691, post.

1670. No bounty for enlisting.-No bounty shall be paid to induce any person to enlist in the military service of the United States; * * Sec. 3, act of May 18, 1917 (40 Stat. 78).

The above is taken from the selective service act, providing for raising forces for the World War. It is superseded, so far as three-year enlistments are concerned, by the provisions of 1693, post.

R. S. 1120 (based on Joint Res. No. 37, June 21, 1862, 12 Stat. 620, and repealed by act of May 12, 1917, 40 Stat. 53), provided for "a premium of two dollars," to be paid to any citizen or enlisted man for each accepted recruit he brought to a recruiting rendezvous. Although incorporated in the Revised Statutes, the provision was regarded as practically obsolete from the close of the Civil War. By sec. 27, national defense act of June 3, 1916 (39 Stat. 186), the President was authorized to utilize the services of postmasters of the second, third, and fourth classes in procuring recruits for the Army, and for each accepted recruit the postmaster was to receive five dollars; that provision was repealed by sec. 11, act of July 2, 1918 (40 Stat. 754).

1671. Pay of enlisted men.-On and after July 1, 1920, the grades of enlisted men shall be such as the President may from time to time direct, with monthly base pay at the rate of $74 for the first grade, $53 for the second grade, $45 for, the third grade, $45 for the fourth grade, $37 for the fifth grade, $35 for the sixth grade, and $30 for the seventh grade. Of the total authorized number of enlisted men, those in the first grade shall not exceed 0.6 per centum, those

**

in the second grade 1.8 per centum, those in the third grade 2 per centum, those in the fourth grade 9.5 per centum, those in the fifth grade 9.5 per centum, those in the sixth grade 25 per centum. Provided, That nothing in this section shall operate to reduce the pay which any enlisted man is now receiving, during his current enlistment and while he holds his present grade, nor to change the present rate of pay of any enlisted men now on the retired list. Sec. 4b, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762).

That hereafter the monthly pay of enlisted men of the Army during their first enlistment shall be as follows, namely: Master electricians, master signal electricians, seventy-five dollars; engineers, sixty-five dollars; sergeants first class Hospital Corps, fifty dollars; regimental sergeants-major, regimental quartermaster-sergeants, regimental commissary-sergeants, sergeants-major senior grade coast artillery, battalion sergeants-major of engineers, post quartermaster-sergeants, post commissary-sergeants, post ordnance-sergeants, battalion quartermaster-sergeants of engineers, electrician-sergeants first class, sergeants first class Signal Corps, and first sergeants, forty-five dollars; battalion sergeantsmajor of infantry and field artillery, squadron sergeants-major, sergeants-major junior grade coast artillery, battalion quartermaster-sergeants, field artillery, and master gunners, forty dollars; electrician-sergeants second class, sergeants of engineers, ordnance, and Signal Corps, quartermaster-sergeants of engineers, and color-sergeants, thirty-six dollars; sergeants and quartermaster-sergeants of cavalry, artillery, and infantry, stable-sergeants, sergeants, and acting cooks of the Hospital Corps, firemen, and cooks, thirty dollars; * * 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. Act of May 11, 1908 (35 Stat. 109), making appropriations for the support of the Army.

Hereafter the monthly pay of enlisted men of certain grades of the Army created in this Act shall be as follows, namely: Quartermaster sergeant, senior grade, Quartermaster Corps; master hospital sergeant, Medical Department; master engineer, senior grade, Corps of Engineers; and band leader, Infantry, Cavalry, Artillery, and Corps of Engineers, $75; hospital sergeant, Medical Department; and master engineer, junior grade, Corps of Engineers, $65; sergeant, first class, Medical Department, $50; sergeant, first class, Corps of Engineers; regimental supply sergeant, Infantry, Cavalry, Field Artillery, and Corps of Engineers; battalion supply sergeant, Corps of Engineers; and assistant engineer, Coast Artillery Corps, $45; assistant band leader, Infantry, Cavalry, Artillery, and Corps of Engineers; and sergeant bugler, Infantry, Cavalry, Artillery, and Corps of Engineers, $40; musician, first class, Infantry, Cavalry. Artillery, and Corps of Engineers; supply sergeant, mess sergeant, and stable sergeant, Corps of Engineers; sergeant, Medical Department, $36; supply sergeant, Infantry, Cavalry, and Artillery; mess sergeant, Infantry, Cavalry, and Artillery; cook, Medical Department; horseshoer, Infantry, Cavalry, Artillery, Corps of Engineers, Signal Corps, and Medical Department; stable sergeant, Infantry and Cavalry; radio sergeant, Coast Artillery Corps; and musicians, second class, Infantry, Cavalry, Artillery, and Corps of Engineers, $30; musician, third class, Infantry, Cavalry, Artillery and Corps of Engineers; corporal, Medical Department, $24; saddler, Infantry, Cavalry, Field Artillery, Corps of Engineers, and Medical Department; mechanic, Infantry, Cavalry,

and Field Artillery, and Medical Department; farrier, Medical Department; and wagoner, Infantry, Field Artillery, and Corps of Engineers, $21; private, first class, Infantry, Cavalry, Artillery, and Medical Department, $18; private, Medical Department, and bugler, $15. Nothing herein contained shall operate to reduce the pay or allowances now authorized by law for any grade of enlisted men of the Army. Sec. 28, Act of June 3, 1916 (39 Stat. 186).

The rates of pay of enlisted men were prescribed by R. S. 1280-1284, which sections, as well as numerous intermediate acts relating to particular grades of enlisted men, were either expressly repealed or superseded by the act of May 11, 1908 (35 Stat. 109), above cited, and the act of May 28, 1908 (35 Stat. 431), the latter act relating only to enlisted bandsmen and field musicians on duty at the Military Academy. Sec. 28 of the national defense act of June 3, 1916 (39 Stat. 186), above cited, prescribed the rate of pay for a large number of grades specifically mentioned therein, but this section was repealed by sec. 28, act of June 4, 1920 (41 Stat. 775), except as to a later added proviso relating to the pay of military telegraphers, post, 1685.

The principal acts relating to increased pay during the World War are sec. 10, act of May 18, 1917, post 1692, act of July 9, 1918 (40 Stat. 851), and act of July 11, 1919, post 1692.

The grades and specialist ratings of enlisted men, under the above act, were prescribed by G. O. 36, W. D. 1920, June 19, 1920. See also 1682, post.

Notes of Decisions.

Right to pay in general.-A soldier who denies the validity of his enlistment, seeks to vacate it by means of habeas corpus, renders no service, and ultimately accepts a discharge, granted on condition "that he make good all indebtedness by him to the United States," can not maintain an action for his pay. Grimley v. U. S.

(1897), 32 Ct. Cl. 285.

Excess payments.-A soldier should not be held accountable for money paid him in excess of the amount to which he was entitled, where such payment was made through a mistake of law on the part of the executive officers of the Government. (1896) 21 Op. Atty. Gen. 323.

1672. Increase in pay of enlisted men and Army Nurse Corps.-That, commencing January 1, 1920, the pay of all enlisted men of the Army and Marine Corps and of members of the female Nurse Corps of the Army and Navy is hereby increased 20 per centum: Provided, That such increase shall not apply to enlisted men whose initial pay, if it has already been permanently increased since April 6, 1917, is now less than $33 per month. Sec. 4, act of May 18, 1920 (41 Stat, 602).

That the provisions of sections

4,

of this Act shall re

main effective until the close of the fiscal year ending June 30, 1922, unless sooner amended or repealed: Provided, That the rates of pay prescribed in sections 4 * * * hereof shall be the rates of pay during the current enlistment of all men in active service on the date of the approval of this Act, and for those who enlist, reenlist, or extend their enlistment prior to July 1, 1922, for the term of such enlistment, reenlistment, or extended enlistment: Sec. 13, act of May 18, 1920 (41 Stat. 604).

*

The temporary increase of pay for enlisted men of the Army authorized by section 4 of the Act of Congress approved May 18, 1920, shall be conrputed upon the base pay provided for in this section, and shall apply only to enlisted men of the first five grades. * Sec. 4b, added to the act of

June 3, 1916, by sec. 4 act of June 4, 1920 (41 Stat. 761).

1673. Pay and allowances of fiying cadets.— * * * The base pay of a flying cadet shall be $75 per month, including extra pay for flying risk as provided by law. The ration allowance of a flying cadet shall not exceed $1 per day, and his other allowances shall be those of a private, first class, Air Service.

* 串

Act of July 11, 1919 (41 Stat. 109), making appropriations for the support of the Army: Air Service.

See 673, ante.

1674. Pay of warrant officers and enlisted men, Army Mine Planter Service.** : And provided further, That the annual pay of the warrant officers and enlisted men in the various grades established by this chapter shall be as follows: Masters, $1,800; first mates, $1,320; second mates, $972; chief engineers, $1,700; assistant engineers, $1,200; oilers, $432; firemen, $396; deck hands, $216; cooks, $360; steward, $540; assistant stewards, $288: And provided further, That warrant officers shall have such allowances as the Secretary of War may prescribe, and shall be retired, and shall receive longevity pay, as now provided by law for officers of the Army, and that the enlisted force herein provided for shall receive the allowances and continuous-service pay now provided by law for enlisted men of the Army: And provided further, That in computing length of service for retirement, and in computing longevity pay for warrant officers and continuous-service pay for the enlisted men authorized by this chapter, service on boats in the service of the Quartermaster Department of the Quartermaster Corps prior to the passage of this Act shall be counted: And provided further, That during the continuation of the present emergency all enlisted men of the Mine Planter Service of the Army of the United States in active service whose base pay does not exceed $21 per month shall receive an increase of $15 per month; those whose base pay is $24, an increase of $12 per month; those whose base pay is $30, $33, $36, or $40, an increase of $8 per month; and those whose base pay is $45 or more, an increase of $6 per month: And provided further, That the increases of pay herein authorized shall not enter into the computation of continuous-service pay. Chap IX, act of July 9, 1918 (40 Stat. 882).

But see 1694, post.

Warrant officers of the Army mine planter service are additional to, and do not receive the same pay, as the warrant officers created by sec. 4a act of June 4, 1920, ante, 1669.

For additional pay for foreign service, see 1691, post.

1675. Pay of Indian scouts.-Indians, enlisted or employed by order of the President as scouts, shall receive the pay and allowances of cavalry soldiers. R. S. 1276.

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. Act of Aug. 12, 1876 (19 Stat. 131).

*

*

1676. Pay and allowances of Philippine Scouts.- ** The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army. Sec. 36, act of Feb. 2, 1901 (31 Stat. 757).

*

Nothing in the act of June 4, 1920 (41 Stat. 759), is to be construed to alter the status of enlisted men of the Philippine Scouts, post, 2151.

The pay

1677. Pay and allowances of chauffeurs, Signal Corps.— and allowances of a chauffeur, first class, shall be the same as a sergeant, first class, in the Signal Corps. Pay and allowances of a chauffeur shall be the same as a sergeant in the Signal Corps. Sec. 3, act of July 24, 1917 (40

Stat. 244).

But see 1671, ante.

1678. Pay and allowances of cooks.-The cooks authorized by this Act shall have the pay and allowances of sergeants of infantry. Sec. 9, act of March 2, 1899 (30 Stat. 979).

But see 1671, ante.

The first provision made for regularly enlisted cooks was by act of July 7, 1898 (30 Stat. 721), which provides for the pay of a corporal of his arm. post, 2185.

*

1679. Extra duty pay.

*

* All laws and parts of laws providing for

extra duty pay for enlisted men are repealed, to take effect July 1, 1920: # Sec. 4b, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761).

The Army appropriation act of Aug. 29, 1916 (39 Stat. 632), providing for extraduty pay to the United States disciplinary barracks guard, was superseded by act of May 12, 1917 (40 Stat. 52). Extra-duty pay was provided for mess stewards, cooks, and instructor cooks, certain office work and switchboard operators, and for work on the Washington-Alaska cable and telegraph system, and signal service men by act of July 11, 1919 (41 Stat. 112, 115), also by June 20, 1878 (20 Stat. 219).

For current appropriation for such extra-duty pay see act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army.

1680. Extra-duty pay not allowed in addition to increased pay for foreign service.Provided further, That enlisted men receiving or entitled

to the twenty per centum increased pay herein authorized shall not be entitled to or receive any additional increased compensation for what is known as extra or special duty. Act of Mar. 2, 1901 (31 Sat. 903), making appropriations for the support of the Army.

The provisions for increase of pay for foreign service made in this act was superseded by permanent legislation. See post, 1688. See also 1679, ante.

*

1681. Additional pay to mess sergeants, mechanics, etc.Prorided, That 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), making appropriations for the support of the Army.

But see 1671, ante, and 1682, post.

* * *

1682. Additional pay of specialists.- * Under such regulations as the Secretary of War may prescribe, enlisted men of the sixth and seventh grades may be rated as specialists, and receive extra pay therefor per month, as follows: First class, $25; second class, $20; third class, $15; fourth class, $12; fifth class, $8: sixth class, $3. Of the total authorized number of enlisted men in the sixth and seventh grades, those rated as specialists of the first class shall not exceed 0.7 per centum; of the second class, 1.4 per centum; of the third class, 1.9 per centum; of the fourth class, 4.7 per centum; of the fifth class, 5 per centum; of the sixth class, 15.2 per centum. Sec. 4b, added to the act of June

* *

*

3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761).

The grades and specialist ratings of enlisted men, under the above act, were prescribed by G. O. 36, W. D. 1920, June 19, 1920.

1683. Additional pay for aviation mechanicians and for flight duty.

Each aviation enlisted man, while on duty that requires him to participate regularly and frequently in aerial flights, or while holding the rating of aviation mechanician, shall receive an increase of fifty per centum in his pay.

Sec. 3, act of July 18, 1914 (38 Stat. 516).

But see 1655 and 1656, ante.

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