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Sec. 1182, R.S.

792. The Pay Department shall consist of one Paymaster- Composition. General with the rank of brigadier-general, three assist- 21, v.31, p. 754. ant paymasters-general with the rank of colonel, four deputy-paymasters-general with the rank of lieutenantcolonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain mounted." Sec. 21, act of February 2, 1901 (31 Stat. L., 754).

793. When volunteers or militia are called into the service of the United States, and the officers of the Paymas- 5 13.C. ter's Department are not deemed by the President sufficient 259 for the punctual payment of the troops, he may appoint, by and with the advice and consent of the Senate, and add to said corps as many paymasters, to be called additional paymasters with the rank of major, not exceeding one for

Additional paymasters.

. Sec. 1184, R.S.

For a note containing the statutory history of the Pay Department, see end of chapter.

2 Section 21 of the act of February 2, 1901 (31 Stat. L., 754), contains the requirement that “all vacancies in the grade of colonel and lieutenant-colonel created or caused by this section shall be filled by promotion according to seniority, as now prescribed by law, and no more appointments to the grade of major and paymaster shall be made until the number of majors and paymasters is reduced below twenty: And provided, That persons who have served in the Volunteer Army since April twenty-first, eighteen hundred and ninety-eight, as additional paymasters may be appointed to positions in the grade of captain created by this section. So long as there remain surplus majors an equal number of vacancies shall be held in the grade of captain, so that the total number of paymasters authorized by his section shall not be exceeded at any time.

For requirements of law in respect to appointments in this department as it existed prior to the approval of the act of February 2, 1901, see section 7 of the act of March 2, 1899 (30 Stat. L., 979). For a statutory extension of the field of selection, as indicated in section 21 of the act of February 2, 1901, see the act of March 2, 1901, par. 578, ante.

Service to be temporary 162, . 5, 239. Sec. 1185, R. S.

every two regiments of volunteers or militia, as he may
deem necessary.

794. Additional paymasters shall be retained in service July 5; 1938, c. only so long as they may be required for the payment of

volunteers and militia, as provided herein.

PROMOTIONS AND TRANSFERS.

Promotions.
Feb. 2, 1901, s.

*

795. So long as there remain any officers holding per26, v. 37, p. 755. manent appointinents in the

Pay Department including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law,' and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions, or to the periods for which the officers so promoted shall hold their appointments. Sec. 26, act of February 2, 1901 (31 Stat. L., 755).

796. When any vacancy, except that of the chief of the
department or corps, shall occur, which can not be filled
by promotion as provided in this section, it shall be filled
by detail from the line of the Army, and no more perma-
nent appointments shall be made in these departments or
corps.

Ibid.
797. Such details shall be made from the grade in which
the vacancies exist, under such system of examination as
the President may, from time to time, prescribe. Ibid.

798. All disbursing officers of the Pay Department shall
renew their bonds, or furnish additional security, at least
once in four years, and as much oftener as the President

Details.
Ibid.

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The same.
Ibid.

Renewing bonds of pay. masters

Mar. 2, 1849, c. 80, v. 9, p. 350.

See. 1192, R.S.

may direct. 3

DUTIES.

Duties of Pay

799. The Paymaster-General shall perform the duties of master-General.

Mar. 16,780356 his office under the direction of the President.
9, s. 16, v. 2. p. 135.

Sec.1186, R.S,
Duties of dep-

800. The deputy paymasters-general shall, in addition to uty paymasters

Mar 3, 187, paying troops, superintend the payment of armies in the
61, s. 12, 2. v. 9, field.
p. 185; July 19,
1818, c. 101, 8.3, 1. 9. p. 247: Mar. 2, 1819, c. 80, v. 9, p. 350;
July 28, 18eit, C. 299, s. 18, v. 14, p. 335. Sec. 1187, R.S.

For statutory regulations respecting examinations for promotion, see the title
Erauninations for Promotion, in the chapter entitled THE STAFF DEPARTMENTS.

? For statutory regulations respecting details to the staff, see the title Details to the Stati' in the chapter entitled THE STAFF DEPARTMENTS.

3 For general provisions respecting bonds of disbursing officers, see the chapters entitled THE TREASURY DEPARTMENT and The Staff DEPARTMENTS.

801. The pay masters and additional paymasters shall pay Duties of paythe regular troops, and shall pay all other troops in the c. Apr. 24, 1816;S: service of the United States, when required to do so by July 14, 1932, c. order of the President.

582; July 5, 1838, c. 162, s. 25, v.5, p. 259. Sec. 1188, R.S.

PAYMENTS TO TROOPS.

Feb. 27, 1893, v. 27, p. 175.

802. The Army shall be paid in such manner that the Payments to arrears shall at no time exceed two months, unless circum-. Mar. 16, 1802,.. stances shall render further arrears unavoidable.

Sec. 1189, R.S. 803. The Secretary of War is also authorized to arrange listed men by for the payment of the enlisted men serving at posts or check etc places where no paymaster is on duty by check or by currency, to be sent to them by mail or express, at the expense and risk of the United States. Act of February 27, 1893 (27 Stat. L., 177).

804. Officers of the Pay Department shall not be entitled, Right of comin virtue of their rank, to command in the line or in other , Mar, 3, 1847, c. staff corps.

61, s. 13, v. 9, p. 185.

Sec. 1183, R.S.

Paymasters of the Army are the financial agents of the Government, and their • disbursements, represented by vouchers, are examined and scrutinized by the Comptroller, whose duty it is finally to determine whether or not any particular disbursement shall be credited to the officer. In charging an officer, or refusing him credit for erroneous dishursements, the question of proper care invariably enters into consideration in arriving at a decision. The right to determine that question is a most essential feature of the functions of the Comptroller. 3 Dig. 2d Compt. Dec., par. 8.

? 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. Par. 1502, A. R., 1901.

* Payments will be made as soon after the close of each month as practicable: (1) By paymasters in person; or

(2) By check to be sent by registered mail or express, or currency shipped by express.

The troope at posts where paymasters are stationed and others in their immediate vicinity, to be designated in instructions issued from the Adjutant-General's Office, will be paid by paymasters in person.

For posts at which payments are not required to be made in person, the paymaster will transmit the pay due in one or more of the following ways:

(1) By individual check, payable to the order of each man for the exact amount due.

(2) By enclosing in a separate sealed envelope the exact amount in currency due each soldier, with his name and the amount inclosed marked thereon. Par. 1503, ibid.

Duplicate pay rolls will be duly signed by the men, and forwarded by the commanding officer by mail to the paymaster who has been designated by the department commander to pay the command. Par. 1505, ibid. For regulations respecting the payment of troops hy check see paragraphs 1502-1527 Army Regulations of 1901.

A paymaster of the Army who alleges that he inclosed certain sums of money in a package transmitted by him to an officer for the payment of troops, which sums were not found in the package when received, the seals being unbroken, is not entitled to credit therefor. 6 Compt. Dec., 940.

A soldier of a company which performed duty usually performed by engineer soldiers, but which was regularly mustered and paid as a company of infantry, is not entitled to pay as an engineer soldier. Ibid., 25.

* An officer of the Pay or Medical Department can not exercise command, except in his own department; but by virtue of his commission he may command all enlisted men like other commissioned officers. Par. 18, A. R., 1901,

CLERKS TO PAYMASTERS.

Paymasters' clerks.

1882, v. 22, p. 118.

805. Paymasters and additional paymasters shall be Apr. 24, 1816, allowed a capable noncommissioned officer or private as July 5, 1838, C.162 clerk. When suitable noncommissioned officers or privates June 20, 1864. c. can not be procured from the line of the Army, they are 145. June 30, authorized, by and with the approbation of the Secretary Sec. 1190, R.S. of War, to employ citizens as clerks, at a salary of fourteen

hundred dollars a year.' Act of June 30, 1882 (22 Stat. L.,

118). Pay of clerks. May 26, 1900, v.

806. Hereafter the pay of army paymasters' clerks who 31, p. 209.

have served as such over fifteen years shall be one thou-
sand eight hundred dollars per annum; the pay of army
paymasters' clerks who have served as such over ten years
shall be one thousand six hundred dollars each per annum;
the pay of army paymasters' clerks who have served as
such over five years shall be one thousand five hundred
dollars each per annum; the pay of other army pay-
masters' clerks shall be one thousand four hundred dollars
each per annum. Act of May 26, 1900 (31 Stat. L., 209).

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Rates of pay to officers.

807. The officers of the Army shall be entitled to the 24. 1. 16, p.7820

; pay herein stated after their respective designations: 3 July 24, 1876, v. The General, thirteen thousand five hundred dollars a 19, p. 97. Sec. 1261, R.S

year.

The Lieutenant-General, eleven thousand dollars a year.

Major-general, seven thousand five hundred dollars a year.

For travel allowances of paymasters' clerks see paragraph 847, post. Salaries of clerks to paymasters are now graded according to length of service. See next paragraph for rates of pay for periods of service.

2 Pay is the monthly pecuniary compensation of officers and soldiers of the Army,
as fixed by sections 1261, 1280, etc., Revised Statutes. It is quite distinct from
“allowances.". Dig. Opin. J. A. G., par. 1894; X Opin. Att. Gen., 285. The right to
pay begins and ends with the period of legal service. Except by special authority of
Congress an officer or soldier can not be paid for military service rendered before
appointment, enlistment, or muster in. See note 3 to paragraph 821, post. See also
the chapter entitled COMMISSIONED OFFICERS.

3 For longevity pay, see paragraph 818, post.
*This office has ceased to exist as a grade of rank in the military establishment.

Brigadier-general, five thousand five hundred dollars a year.

Colonel, three thousand five hundred dollars a year..
Lieutenant-colonel, three thousand dollars a year.
Major, two thousand five hundred dollars a year.

Captain, mounted, acting judge-advocate, and chaplain of volunteers, two thousand dollars a year.'

Captain, not mounted, and chaplain, eighteen hundred dollars a year.

Squadron and battalion adjutants, cavalry, infantry, and engineers, eighteen hundred dollars a year.”

First lieutenant, mounted, sixteen hundred dollars a year.

Squadron and battalion quartermaster and commissary, cavalry, infantry, and engineers, sixteen hundred dollars a year.

First lieutenant, not mounted, fifteen hundred dollars a year.

Second lieutenant, mounted, and veterinarian, cavalry and artillery,' fifteen hundred dollars a year.

Second lieutenant, not mounted, fourteen hundred dol

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lars a year.

Aid and military secretary to the lieutenant-general, the pay of lieutenant-colonel.“

Aid to major-general, two hundred dollars a year, in addition to pay of his rank.

Aid to brigadier-general, one hundred and fifty dollars a year, in addition to pay of his rank.

Acting assistant commissary, one hundred dollars a year, in addition to pay of his rank."

1 Section 15, act of February 2, 1901 (31 Stat. L., 751); act of July 8, 1898, (30 ibid., 729).

2 Sections 2, 10, and 11, act of February 2, 1901 (31 Stat. L., 748 and 750).

3 Section 2, act of May 12, 1898 (30 Stat. L., 406); section 20, act of February 2, 1901 (31 ibid., 753).

‘Section 1097, Revised Statutes; joint resolution No. 9, February 5, 1895 (28 Stat. L., 968).

Higher compensation for staff service is given by law in several forms, as follows: 1. In the form of increased rank, accompanied by the pay or allowances of a higher grade in lieu of the pay and allowances of the grade which the officer holds under his commission, as in the case a lieutenant, or captain dismounted detailed as an acting judge-advocate, or as in the case of the superintendent and commandant of cadets at the Military Academy.

2. In the form of a higher salary, without change in rank or grade, as in the case of a lieutenant detailed as regimental adjutant or quartermaster, prior to March 2, 1899 (sec. 1261, R. S.), or as is the case with certain assistant professors and instructors of tactics at the Military Academy.

3. In the form of a specific sum allowed by law, in addition to the pay and allowances of the grade or rank held by the officer under his commission, as in the case of aids to major-generals or brigadier-generals. See 5 Compt. Dec., 971, 975.

The positions of acting judge-advocate and aid to major-general in the Army are

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