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Naturalization, 1922,” is available for the employment of field agents to carry on work authorized by the ninth subdivision of section 4 of the act of June 29, 1906, as amended by the act of May 9, 1918, 40 Stat., 544, and (2) whether the item of $50,000 “ for personal services in the District of Columbia " contained in the appropriation “Miscellaneous expenses, Bureau of Naturalization, 1922," is available for the employment of personal services in the District of Columbia "to carry on the work of the Division of Citizenship Training” in the Bureau of Naturalization.

The appropriation involved in these two questions is made in the sundry civil appropriation act of March 4, 1921, 41 Stat., 1425, and, in so far as material to the questions here presented, reads:

For compensation, to be fixed by the Secretary of Labor of examiners, interpreters, clerks, and stenographers, for the purpose of carrying on the work of the Bureau of Naturalization, provided for by the Act approved June 29, 1906, as amended by the Act approved March 4, 1913 (Statutes at Large, volume 37, page 736), and May 9, 1918 (Statutes at Large, volume 40, pages 542 to 548, inclusive), including not to exceed $50,000 for personal services in the District of Columbia, * * * $550,000.

The ninth subdivision of section 4 of the act of June 29, 1906, as amended by the act of May 9, 1918, authorizes the work of “ promoting instruction and training in citizenship responsibilities of applicants for naturalization,” the securing of the aid of and cooperation with official State and national organizations in connection with said work, and the employment of personal services in the District of Columbia incident thereto. For the purpose of carrying on this work for the fiscal year 1922 the act of March 4, 1921, supra, makes an appropriation available for the employment of examiners, interpreters, clerks, and stenographers and authorizes the use of not to exceed $50,000 of said appropriation for personal services in the District of Columbia.

The only classes of employees provided for under the appropriation in question are examiners, interpreters, clerks, and stenographers; and personal services of these classes may be employed either in the field or in the District of Columbia.

Neither the act of May 9, 1918, nor any other law specifically requires or authorizes the employment of field agents or the creation of a division of citizenship training in the Bureau of Naturalization. The authority to employ personal services in connection with said work must be held to depend upon the annual appropriation made therefor and to be limited by the terms of said appropriation. The appropriation enumerates specifically the classes of personal services which may be employed thereunder and contains no general clause relative to the employment of any other classes. It must be held, therefore, that the employment of persons either in the field or in the District of Columbia of classes other than those specifically enumerated in the appropriation is unauthorized.

If Congress had intended the creation and establishment of a divi. sion of citizenship training in the Bureau of Naturalization it may be presumed that provision therefor would have been made in the legislative, executive, and judicial appropriation act of March 3, 1921, 41 Stat., 1304, in which provision is made for the regular personnel of the Bureau of Naturalization.

RETIRED PAY-NAVAL RESERVE FORCE.

The act of July 1, 1918, 40 Stat., 710, having limited retirement from the Naval

Reserve Force to those incurring disability in the line of duły, except in case of enlisted transferred members, retired pay or cash gratuity equal to the total amount of their retainer pay during the last term of their enrollment is no longer payable to enrolled members voluntarily retiring after 20 years' service, as authorized by the act of August 29, 1916, 39'

Stat., 588. Comptroller General McCarl to the Secretary of the Navy, September 9, 1921:

By your direction, I have the letter of the Judge Advocate General, Navy Department, requesting decision whether Commander Edward E. Spafford, United States Naval Reserve Force_1 Ret., is entitled to a cash gratuity equal to the total amount of the retainer pay received by him during his last term of enrollment in the Naval Reserve Force upon his retirement on June 6, 1921.

It is stated that Commander Spafford resigned his commission as lieutenant commander in the Navy on December 10, 1914; enrolled in the Naval Reserve Force June 9, 1917, and was appointed a lieutenant commander in the Fleet Naval Reserve, and later a commander therein; that he was retired June 6, 1921, after 20 years' service under the provisions of the acts of August 29, 1916, and July 1, 1918.

The act of August 29, 1916, 39 Stat., 588, provides:

That enrolled members who shall have completed twenty years of service in the Naval Reserve Force, and who shall have performed the minimum amount of active service required in their class for maintaining efficiency during each term of enrollment, shall, upon their own application, be retired with the rank or rating held by them at the time, and shall receive in lieu of any pay, a cash gratuity equal to the total amount of their retainer pay during the last term of their enrollment.

The same act also contained provision for the voluntary retirement of transferred members of the Fleet Naval Reserve after 30 vears' service, including prior naval service.

The act of July 1, 1918, 40 Stat., 710, provides that, . . Service in the Navy, Marine Corps, National Naval Volunteers, and Naval Militia shall be counted as continuous service in the Naval Reserve Force, both for the purpose of retirement and of computing retainer pay: Provided, That no member of the Naval Reserve Force shall be eligible for retirement other than for physical disability incurred in line of duty :

Also in a preceding paragraph on the same page of that statute is the following:

Provided, That nothing herein shall operate to reduce the retainer pay allowed by existing law to enlisted men who, after sixteen years' or more naval

service, are transferred to the Fleet Naval Reserve, nor to deny to such enlisted men their privilege of retirement upon completing thirty years' naval service as now provided by law.

The act of June 4, 1920, 41 Stat., 834, provides :

That all officers of the Naval Reserve Force and temporary officers of the Navy who have heretofore incurred or may hereafter incur physical disability in line of duty shall be eligible for retirement under the same conditions as now provided by law for officers of the Regular Navy who have incurred physical disability in line of duty.

There is also a provision further modifying the retirement privi. lege of officers of the Naval Reserve Force in the act of July 12, 1921, 42 Stat., 140, but since the retirement in question was effected on June 6, 1921, that provision need not herein be considered.

Although the act of August 29, 1916, provides a cash gratuity “ in lieu of any pay," the privilege granted was retirement “ with the rank or rating held by them at the time," and the act of July 1, 1918, conditions the eligibility for retirement of all members, except transferred members of the Fleet Naval Reserve, to physical disability incurred in line of duty. Therefore it is evident from the language therein used that it was the legislative intent in the act of July 1, 1918, to modify the retirement privileges granted to members of the Naval Reserve Force in the act of August 29, 1916, and to restrict the privilege of retirement therein, except in case of enlisted transferred members, to retirement for physical disability incurred in line of duty. The Comptroller of the Treasury so held in letter of February 24, 1921, referred to in your submission and in decision of the Comptroller General of August 20, 1921, 1 Comp. Gen., 83, it is stated that the only authority of law for retiring officers of the Naval Reserve Force is that contained in the acts of June 4, 1920, and July 12, 1921, and that otherwise there is no pay provided for retired officers of that branch of the naval service.

Accordingly, you are advised that since the provision in the act of August 29, 1916, for voluntary retirement of enrolled members of the Naval Reserve Force after having completed twenty years' serv. ice therein was modified by the act of July 1, 1918, Commander Spafford is not entitled to any cash gratuity or retired pay by reason of his apparent voluntary retirement on June 6, 1921, from the Naval Reserve Force under the provisions of the acts of August 29, 1916, and July 1, 1918.

RETIRED PAY_ENLISTED MEN OF THE NAVY.

Enlisted men of the Navy retired before expiration of enlistment prior to July

1, 1920, with the war increase of pay authorized by the acts of May 22, 1917, 40 Stat., 87, and July 11, 1919, 41 Stat., 140, retain the right to include such war increase in computing their retired pay only until the expiration of the enlistment in which they were serving when retired or released from active duty under the act of July 1, 1918, 40 Stat., 719.

Comptroller General McCarl to Commander Robert H. Orr, United States Navy, September 9, 1921:

By reference of the Judge Advocate General of the Navy, I re. ceived on August 6, 1921, your letter of July 12, 1921, requesting decision whether enlisted men of the Navy who were retired prior to July 1, 1920, with the increase of pay authorized by the act of May 22, 1917, 40 Stat., 87, made permanent rates by the act of July 11, 1919, 41 Stat., 140, are entitled to the same indefinitely or only until such dates as the enlistment in which they were serving when retired would have expired had they not been retired.

Section 15 of the act of May 22, 1917, 40 Stat., 87, provides :

That commencing June first, nineteen hundred and seventeen, and continuing until not later than six months after the termination of the present war, all enlisted men of the Navy 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 over $21 and does not exceed $24 per month, an increase of $12 per month; those whose base pay is over $24 and less than $45 per month, an increase of $8 per month; and those whose base pay is $45 or more per month, an increase of $6 per month, * * *.

The act of July 11, 1919, 41 Stat., 140, provides : The rates of pay prescribed in section 15 of an Act entitled “An Act to temporarily increase the commissioned and warrant and enlisted strength of the Navy and Marine Corps, and for other purposes" approved May 22, 1917, are hereby made the permanent rates of pay of the enlisted men of the Navy during their present current enlistment and for those who enlist or reenlist prior to July 1, 1920, for the term of such enlistment or reenlistment.

The law for retirement of enlisted men of the Navy is found in the act of March 2, 1907, 34 Stat., 1217, and provides:

That when an enlisted man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall * * * be placed upon the retired list, with seventy-five per centum of the pay and allowances he may then be in receipt of, and that said allowances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel, and light * * *

Prior laws affecting a change of pay for enlisted ratings in the Navy have carried a provision that the pay of men on the retired list was to be based on the changes in the active duty pay. The act of May 13, 1908, 35 Stat., 128, provided :

The pay of all * * * enlisted men of the Navy now on the retired list shall be based on the pay, as herein provided for, of * * * enlisted men of corresponding rank and service on the active list; and all pay herein provided shall remain in force until changed by Act of Congress *

In 26 Comp. Dec., 478, it was held, quoting from the syllabus: Retired enlisted men of the Navy called to active duty under the act of July 1, 1918, 40 Stat., 719, and relieved therefrom on or subsequent to July 11, 1919, are entitled to credit for the increase of pay authorized by the act of July 11, 1919, 41 Stat., 140, in computing their pay on the retired list.

This decision was based upon a provision in the act of July 1, 1918, therein quoted, that the retired man should “retain upon the retired list the rank and service held by him at the time of such relief, with the pay and allowances of such rank on the retired list.”

It is evident that in enacting this provision in the act of July 1, 1918, Congress did not differentiate betwen the man recalled who had been on the retired list beyond the date on which the enlistment in which retired had expired, and the man whose enlistment in which retired had not expired when recalled, or had or had not expired when relieved from active duty.

In 27 Comp. Dec. 481, it was held, however, quoting from the syllabus:

Enlisted men of the Navy who were not on active duty during the period from July 11, 1919, to June 30, 1920, inclusive, are not entitled to credit for the war increase of pay authorized by the act of July 11, 1919, 41 Stat., 140, in computing their pay on the retired list.

The question here concerned is whether a certain increase of pay given to enlisted men of the Navy by the acts of 1917 and 1919 shall continue to be paid to a retired man beyond the period of his enlistment, he having been retired before his enlistment expired.

The acts give the retired man the pay but it is specifically a pay provided for active service and the reason he is entitled to it after retirement before expiration of enlistment is that the acts state that it shall continue “ for the term of such enlistment or reenlistment.”

The question whether the retired man is entitled to it after the expiration of his enlistment arises because other general laws relating to retirement pay stipulate that it shall be a percentage of the pay he was in receipt of on retirement. The specific directions of the acts relating to the increase of pay are, (1) the act of 1917 that it is for enlisted men “in active service," and (2) the act of 1919 that it is "for the term of such enlistment or reenlistment." These acts control the increase of pay and that limits it to the period of particular enlistment. When that is at an end the increase is at an end and it is immaterial whether the man is retired or absolutely out of the service. The only condition apparently which entitles a continuation of the increase is reenlistment. No other act relating to retired pay can overcome the basic acts concerning the increase and such increase is not authorized after the retired man's enlistment is terminated.

DRILL PAY-NATIONAL GUARD.

In making payments of drill pay, disbursing officers of the National Guard will

be sufficiently protected so far as age limitations of the men are concerned if a certificate is placed on each pay roll over the signature of the organization commander to the effect that “No officer or enlisted man whose name appears on this roll as entitled to pay has attained the age of sixty

four years." 27 Comp. Dec., 1021, modified. Comptroller General McCarl to the Secretary of War, September 9, 1921:

Your letter of August 31, 1921, relating to the provision in a paragraph of the National Guard drill-pay law, which precludes

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