Regulations, 1913. Under this contract the enlisted man agrees to serve for the period and under the conditions, prescribed by law, unless sooner discharged by proper authority; and also agrees to accept from the United States such bounty, pay, rations, and clothing as are or may be established by law. The above-quoted provisions of the Army appropriation act of June 30, 1921, became effective on June 30, 1921, and do not disturb any rights as to the enlistment allowance acquired by a soldier under an enlistment accomplished in period from June 4, 1920, to June 29, 1921. This coincides with the construction given section 9 of the act of August 3, 1861, 12 Stat., 288, which "abolished" the bounty for enlistments and reenlistments at remote and distant stations authorized by section 3 of the act of June 17, 1850, 9 Stat., 439. The act of 1850 provided that the bounty or allowance for such enlistments should be paid in unequal instalments at the end of each year's service, so that the several amounts shall annually increase, and the largest paid at the expiration of the enlistment. In section 331, vol. 1, Digest Second Comp. Dec., it is said: Any soldier entitled on the 2nd of August, 1861, to bounty for reenlistment at a remote and distant station under the law of June 17, 1850, did not lose his right to that bounty by the enactment of the law of August 3, 1861, abolishing such bounty. Under that decision and decisions in sections 341 to 344, vol. 3, Digest Second Comp. Dec., in cases of men so enlisted prior to August 3, 1861, payment of the bounty was made in installments for their services after August 3, 1861, until date of discharge from such enlistment. Your specific question is answered as follows: Said act of June 30, 1921, operates only with respect to men who enlist or reenlist on or after June 30, 1921, and does not preclude payment (from the appropriation "Pay of the Army" available) of the enlistment allowance to men lawfully enlisted or reenlisted in period from June 4, 1920, to June 29, 1921, for a term of three years, and who have been or hereafter will be honorably discharged and have not yet been paid such allowance. When such men were enlisted or reenlisted there was in full force and effect a statute which declared that such enlistment allowance shall be paid to every soldier who enlists or reenlists for a period of three years, payment of the enlistment allowance for original enlistment to be deferred until honorable discharge. This emphatic declaration must be regarded as part of the contract entered into when the enlistment or reenlistment was accomplished, and that part of the contract is fulfilled when at the time of his honorable discharge from an original enlistment the soldier is paid the allowance. PUBLIC HEALTH SERVICE-REPAIR AND PRESERVATION OF BUILDINGS. Funds appropriated by the act of March 4, 1921, 41 Stat., 1368, for the repair and preservation of Public Health Service stations, hospitals, etc., are available for repair and preservation of such buildings which are under control of the Treasury Department, provided their repair and preservation is not specifically the obligation of others, although the lands on which the buildings are situated may not be under control of the Treasury Department. Comptroller General McCarl to the Secretary of the Treasury, July 6, 1921: I have your letter of June 24, 1921, requesting decision whether the appropriation under the act of March 4, 1921, 41 Stat., 1368, for the repair and preservation of Public Health Service stations, quarantine stations, etc., "is available for Public Health Service hospitals which may be owned by the United States, but not on lands under the control of the Treasury Department." The appropriation provides: For repairs and preservation of all completed and occupied public buildings and the grounds thereof, under the control of the Treasury Department, and in a proviso thereto authorizes— That of the sum herein appropriated not exceeding $200,000 may be used for the repair and preservation of Public Health Service hospitals, quarantine stations and completed and occupied outbuildings owned by the Government and under the control of the Treasury Department. Whether because the first provision provides the appropriation for public buildings and the grounds thereof requires that both the buildings and grounds shall be under the control of the Treasury Department it is unnecessary in the present case to determine. The proviso authorizing the use for the repair and preservation of Public Health Service hospitals, etc., makes no reference therein to grounds. If I am to understand from the submission that Public Health Service hospitals which are stated to be owned by the United States are under the control of the Treasury Department, and their repair and preservation is not specifically the obligation of others, I am of the opinion the appropriation thus provided is available for repair and preservation of such buildings, although the lands may not be under the control of the Treasury Department. DAMAGES TO PERSONS AND PROPERTY BY POST OFFICE DEPARTMENT. The act of June 16, 1921, 42 Stat., 63, authorizing the Postmaster General to adjust and settle claims not in excess of $500 in amount for damages to persons and property by or through the operation of the Post Office Department, and appropriating $35,000 for the fiscal year 1922 to carry out the provisions thereof, was intended to relate only to claims arising on or after July 1, 1921. Comptroller General McCarl to the Postmaster General, July 7, 1921: I have your letter of June 27, 1921, as follows: The act approved June 16, 1921, 42 Stat., 63, contains the following provision: "When any damage is done to person or property by or through the operation of the Post Office Department in any branch of its service and such damage is found by the Postmaster General upon investigation to be a proper charge against the United States, the Postmaster General is hereby invested with power to adjust and settle any claim for such damage when his award for such damage in any case does not exceed $500; and the sum of $35,000 is hereby appropriated for the fiscal year 1922 to carry out the provisions of this paragraph." Your decision is requested as to whether under this law this Department may entertain claims for damages which occur prior to July 1, 1921. I find nothing in the law in question to indicate that it was intended to have a retroactive effect. Therefore, in accordance with wellrecognized principles of statutory construction it must be held that the provision quoted by you was intended to relate only to claims arising on or after July 1, 1921. The question submitted is answered in the negative. EXTENSION OF AVAILABILITY OF APPROPRIATIONS. Unexpended balances of appropriations for armament of fortifications and other works of defense, etc., which were required by the act of March 3, 1919, 40 Stat., 1309, to be covered into the Treasury and carried to the surplus fund June 30, 1921, come within the provisions of the act of June 16, 1921, 42 Stat., 63, extending the availability until June 30, 1922, of unexpended balances of appropriations chargeable with the settlement of claims resulting from the suspension or termination of contracts or other procurement obligations of the War Department consequent upon the suspension of hostilities and with adjustment of claims under the Dent Act dated March 2, 1919, 41 Stat., 1272. Comptroller General McCarl to the Secretary of the Treasury, July 7, 1921: I have your letter of June 21, 1921, and also reference in connection therewith of a communication from the Secretary of War of June 27, 1921, as to whether appropriations for armament of fortifications and other works of defense, etc., come within the provisions of the deficiency act of June 16, 1921, 42 Stat., 63, authorizing certain appropriations to remain upon the books of the Treasury and be available until June 30, 1922, and in connection therewith making $250,000 available for such personal services as in the discretion of the Secretary of War are necessary. The provision appears in the deficiency act approved June 16, 1921, as follows: Unexpended balances: Such amounts of the unexpended balances of the appropriations chargeable with the settlement of claims resulting from the suspension or termination of contracts or other procurement obligations of the War Department, consequent upon the suspension of hostilities, and with the adjustment of claims under the Act entitled "An Act to provide relief in cases of contracts connected with the prosecution of the war, and for other purposes," approved March 2, 1919, shall remain upon the books of the Treasury to the credit of the respective PUBLIC HEALTH SERVICE-REPAIR AND PRESERVATION OF BUILDINGS. Funds appropriated by the act of March 4, 1921, 41 Stat., 1368, for the repair and preservation of Public Health Service stations, hospitals, etc., are available for repair and preservation of such buildings which are under control of the Treasury Department, provided their repair and preservation is not specifically the obligation of others, although the lands on which the buildings are situated may not be under control of the Treasury Department. Comptroller General McCarl to the Secretary of the Treasury, July 6, 1921: I have your letter of June 24, 1921, requesting decision whether the appropriation under the act of March 4, 1921, 41 Stat., 1368, for the repair and preservation of Public Health Service stations, quarantine stations, etc., "is available for Public Health Service hospitals which may be owned by the United States, but not on lands under the control of the Treasury Department." The appropriation provides: For repairs and preservation of all completed and occupied public buildings and the grounds thereof, under the control of the Treasury Department, and in a proviso thereto authorizes That of the sum herein appropriated not exceeding $200,000 may be used for the repair and preservation of Public Health Service hospitals, quarantine stations and completed and occupied outbuildings owned by the Government and under the control of the Treasury Department. Whether because the first provision provides the appropriation for public buildings and the grounds thereof requires that both the buildings and grounds shall be under the control of the Treasury Department it is unnecessary in the present case to determine. The proviso authorizing the use for the repair and preservation of Public Health Service hospitals, etc., makes no reference therein to grounds. If I am to understand from the submission that Public Health Service hospitals which are stated to be owned by the United States are under the control of the Treasury Department, and their repair and preservation is not specifically the obligation of others, I am of the opinion the appropriation thus provided is available for repair and preservation of such buildings, although the lands may not be under the control of the Treasury Department. DAMAGES TO PERSONS AND PROPERTY BY POST OFFICE DEPARTMENT. The act of June 16, 1921, 42 Stat., 63, authorizing the Postmaster General to adjust and settle claims not in excess of $500 in amount for damages to persons and property by or through the operation of the Post Office Department, and appropriating $35,000 for the fiscal year 1922 to carry out the provisions thereof, was intended to relate only to claims arising on or after July 1, 1921 Comptroller General McCarl to the Postmaster General, July 7, 1921: I have your letter of June 27, 1921, as follows: The act approved June 16, 1921, 42 Stat., 63, contains the following provision: "When any damage is done to person or property by or through the operation of the Post Office Department in any branch of its service and such damage is found by the Postmaster General upon investigation to be a proper charge against the United States, the Postmaster General is hereby invested with power to adjust and settle any claim for such damage when his award for such damage in any case does not exceed $500; and the sum of $35,000 is hereby appropriated for the fiscal year 1922 to carry out the provisions of this paragraph." Your decision is requested as to whether under this law this Department may entertain claims for damages which occur prior to July 1, 1921. I find nothing in the law in question to indicate that it was intended to have a retroactive effect. Therefore, in accordance with wellrecognized principles of statutory construction it must be held that the provision quoted by you was intended to relate only to claims arising on or after July 1, 1921. The question submitted is answered in the negative. EXTENSION OF AVAILABILITY OF APPROPRIATIONS. Unexpended balances of appropriations for armament of fortifications and other works of defense, etc., which were required by the act of March 3, 1919, 40 Stat., 1309, to be covered into the Treasury and carried to the surplus fund June 30, 1921, come within the provisions of the act of June 16, 1921, 42 Stat., 63, extending the availability until June 30, 1922, of unexpended balances of appropriations chargeable with the settlement of claims resulting from the suspension or termination of contracts or other procurement obligations of the War Department consequent upon the suspension of hostilities and with adjustment of claims under the Dent Act dated March 2, 1919, 41 Stat., 1272. Comptroller General McCarl to the Secretary of the Treasury, July 7, 1921: I have your letter of June 21, 1921, and also reference in connection therewith of a communication from the Secretary of War of June 27, 1921, as to whether appropriations for armament of fortifications and other works of defense, etc., come within the provisions of the deficiency act of June 16, 1921, 42 Stat., 63, authorizing certain appropriations to remain upon the books of the Treasury and be available until June 30, 1922, and in connection therewith making $250,000 available for such personal services as in the discretion of the Secretary of War are necessary. The provision appears in the deficiency act approved June 16, 1921, as follows: Unexpended balances: Such amounts of the unexpended balances of the appropriations chargeable with the settlement of claims resulting from the suspension or termination of contracts or other procurement obligations of the War Department, consequent upon the suspension of hostilities, and with the adjustment of claims under the Act entitled "An Act to provide relief in cases of contracts connected with the prosecution of the war, and for other purposes," approved March 2, 1919, shall remain upon the books of the Treasury to the credit of the respective |