the credit of the Indians. It then provides that 12 per cent of all other charges shall go into the general fund of the Treasury as miscellaneous receipts; that 50 per cent of the charges arising from licenses for occupancy and use of public lands and national forests (the national monuments and national parks mentioned in that clause being eliminated by the act of March 3, 1921, as stated) shall go to the credit of the reclamation fund; and that 37 per cent of such charges shall be paid to the State within whose boundaries the development is located. This makes a complete distribution of all charges arising from licenses for occupancy and use of public lands and national forests. The only other specific provision in the section with reference to distribution is to the effect that 50 per cent of the charges arising from all other licenses, that is to say, licenses other than for the occupancy and use of public lands and national forests and licenses involving the use of tribal lands embraced within Indian reservations, shall go to a special fund to be expended under the direction of the Secretary of War for the maintenance and operation of dams and other navigation structures owned by the United States or for the construction, maintenance, or operation of headwater or other improvements of navigable waters of the United States. This leaves 37 per cent of the charges arising from these licenses undisposed of. But bearing in mind the provisions of section 3617, Revised Statutes, which require that all moneys received for or on behalf of the United States must be deposited and covered into the general fund of the Treasury as miscellaneous receipts unless otherwise expressly provided by law, and the provision in section 9 of the act of June 30, 1906, 34 Stat., 764, to the effect that no act of Congress shall be construed to make an appropriation unless it shall in specific terms declare an appropriation to be made, it must be held that all funds arising from charges under section 10 (e) of the Federal water power act must be covered into the general fund of the Treasury as miscellaneous receipts except as otherwise expressly provided in section 17 of said. act in the specific cases hereinbefore indicated.

It is assumed that all moneys arising from the operations of the act will be placed in the Treasury of the United States to such account as will permit making the distributions authorized by the enactment and proper accounting therefor be rendered.

HONORABLE DISCHARGE GRATUITY-COAST GUARD.

Section 2 of the act of July 12, 1921, 42 Stat., 139, amending the law relative to payment of honorable-discharge gratuity to enlisted men of the Navy so as to make the amount of the gratuity dependent upon length of the last expiring enlistment as well as upon the length of the reenlistment period, is applicable to the enlisted man of the Coast Guard under the assimilating act of May 18, 1920, 41 Stat., 603, and authorizes a gratuity equal to one

month's pay at the rate received when discharged for each year of reenlistment, provided the period of service under one or more enlistments from which discharged equals or exceeds the number of years of reenlistment. Comptroller General McCarl to the Secretary of the Treasury, August 6, 1921:

I have your letter of July 18, 1921, as follows:

In view of that part of the act of May 18, 1920, 41 Stat., 603, providing that enlisted men of the Coast Guard shall receive the same allowances as enlisted men of the Navy, in view of your decision of November 16, 1920, 27 Comp. Dec., 457, relative to honorable-discharge gratuities of enlisted men of the Coast Guard, and in view of the provision in the naval appropriation act of July 12, 1921, that no enlisted man of the Navy shall be paid on reenlistment an honorable-discharge gratuity or any proportionate part thereof in excess of an amount equal to one month's pay for each year of service in his last expiring enlistment, the Commandant, United States Coast Guard, has written the inclosed circular letter, dated the 18th instant.

Please return said circular letter to me with your decision as to its legality. Issuance of same to the Coast Guard personnel will be withheld pending the receipt of your decision.

The circular letter to which you refer is as follows:

1. Circular Letter No. 180 is rescinded as of July 1, 1921.

2. An enlisted man of the Coast Guard is entitled to an honorable-discharge gratuity under the following conditions, effective as of July 1, 1921:

(a) When he shall have completed two continuous one-year enlistment periods, having received an honorable discharge at the expiration of each, and reenlists within four months from the date of his last discharge, he is entitled to a gratuity of two months' pay for either a two-year or a three-year reenlistment, computed at the rate of pay he was receiving on the date of his last discharge.

(b) When he shall have completed three continuous one-year enlistment periods, having received an honorable discharge at the expiration of each, and reenlists within four months from the date of his last discharge, he is entitled to a gratuity of three months' pay for a three-year reenlistment, computed at the rate of pay he was receiving on the date of his last discharge.

(c) When he shall have received an honorable discharge from a period-ofthe-war enlistment and reenlists within four months from date of said discharge, he is entitled to a gratuity of two months' pay for a two-year reenlistment, if he shall have served two years or more in his period-of-the-war enlistment, or a gratuity of three months' pay for a three-year reenlistment, if he shall have served three years or more in his period-of-the-war enlistment, computed at the rate of pay he was receiving on the date of his last discharge (d) When he shall have completed a two-year enlistment, having received an honorable discharge therefrom, and reenlists within four months from the date of said discharge, he is entitled to a gratuity of two months' pay for either a two-year or a three-year reenlistment, computed at the rate of pay he was receiving on the date of his last discharge.

(e) When he shall have completed a three-year enlistment, having received an honorable discharge therefrom, and reenlists within four months from the date of said discharge, he is entitled to a gratuity of two months' pay for a two-year reenlistment or a gratuity of three months' pay for a three-year reenlistment, computed at the rate of pay he was receiving on the date of his last discharge.

3. Honorable discharge gratuities that have become due or that may become due enlisted men in accordance with paragraph 2, above, will be paid in each case in the settlement of the first pay account of the man concerned after his reenlistment, without specific authority from Headquarters.

The Comptroller's decision to which you refer determined the conditions under which enlisted men of the Coast Guard are entitled to honorable discharge gratuity upon the basis of one month's pay for each year of the reenlistment period. The provision of the act

of July 12, 1921, 42 Stat., 139, which you cite makes the amount of gratuity dependent upon the length of the last expiring enlistment as well as upon the length of the reenlistment period by which alone the amount of the gratuity was formerly measured. The proposed regulation merely adapts the practice of the Coast Guard to this change of law. It is in conformity with the law and the Comptroller's decisions, and I see no objection to its promulgation.

TRAVEL ALLOWANCE ON DISCHARGE-NAVY, ENLISTED MEN. Under the act of July 11, 1919, 41 Stat., 139, authorizing payment of travel allowance on discharge to enlisted men of the Navy who served in the war with the German Government and are discharged subsequent to November 11, 1918, before expiration of their enlistments, service" in the war with the German Government" means service under an enlistment which was entered into on or prior to November 11, 1918, the signing of the armistice; hence, enlisted men of the Navy discharged for their own convenience before expiration of enlistment entered into after November 11, 1918, are not entitled to travel allowance on discharge.

Decision by Comptroller General McCarl, August 8, 1921:

Lewis Grant Brower, former gunner's mate, second class, United States Navy, applied July 14, 1921, for revision of the action of the Auditor for the Navy Department in disallowing by settlement No. 235261, dated May 18, 1921, his claim for travel allowance at 5 cents per mile from Pensacola, Fla., to Seattle, Wash., upon his discharge from the Navy February 4, 1921.

Appellant first enlisted in the Navy for three years August 15, 1919, and was discharged for his own convenience, by special order of the Secretary of the Navy, with character good. The auditor disallowed the claims because discharge was for own convenience and before the equivalent of an expiration of enlistment.

The appeal is based upon a ruling of the Navy Department as promulgated in a Bureau of Navigation circular letter dated May 6, 1921, wherein the department in construing the acts of February 28, 1919, 40 Stat., 1203, and July 11, 1919, 41 Stat., 139, announced:

The department therefore decides that all men who have been discharged from the Navy prior to expiration of enlistment and all men serving in the Navy on March 3, 1921, who may hereafter be discharged prior to expiration of enlistment and who receive a discharge which is considered a discharge under honorable conditions are entitled to travel allowance at the time of discharge at the rate of 5 cents per mile from place of discharge to bona fide home, residence, or place of muster into the service at the man's option.

Instruction was also given therein to "pay men discharged under honorable conditions who served in the Navy between April 6, 1917, and March 3, 1921, five cents per mile travel allowance *

The act of February 28, 1919, 40 Stat., 1203, provided as follows: That an enlisted man honorably discharged from the Army, Navy, or Marine Corps since November eleventh, nineteen hundred and eighteen, or who may hereafter be honorably discharged, shall receive five cents per mile from the

place of his discharge to his actual bona fide home or residence, or original muster into the service, at his option: Provided, That for sea travel on dis charge, transportation, and subsistence only shall be furnished to enlisted

The act of July 11, 1919, 41 Stat., 139, to which the circular relates provided in part as follows:

9

All enlisted men of the Navy and Coast Guard who have served in the war with the German Government and who may hereafter be discharged or who have been discharged from the service since November 11, 1918, and before the expiration of their full enlistment shall receive, under such rules and regulations as the Secretary of the Navy may prescribe, an honorable discharge, and shall receive 5 cents per mile from the place of his discharge to his actual bona fide home or residence, or original muster into the service at his option:

Material differences between the act of February 28, 1919, and July 11, 1919, may be briefly stated to be that the latter provides for the travel allowance to enlisted men honorably discharged before expiration of enlistment who served in the war with the German Government, the discharge before enlistment and service in the war being matters which do not expressly appear in the act of Febru ary 28, 1919. The specific provision for the men discharged before expiration of enlistment is an extension of the travel allowance to that class, while the stipulation requiring service to have been in the war with the German Government is apparently a restriction. Whether the enactment of July 11, 1919, as a whole should be taken in modification of the act of February 28, 1919, it is unnecessary to say, but it is apparently an extension of a former enactment to a class that did not appear to be within its provisions.

The terms of the circular issued by the Navy Department broadly authorize the payment of the travel allowances to men discharged under honorable conditions whose service was between April 6, 1917, and March 3, 1921, being the beginning date and the ending date of the war as declared by joint resolution of Congress. In so far as claims arising under the act of July 11, 1919, are concerned—that is, claims because of the discharge before expiration of enlistment—the act in naming the date November 11, 1918, makes its own definition of when service may be considered as "in the war with the German Government" and that service must have been under an enlistment which was entered into on or prior to November 11, 1918, and the discharge must be before expiration of the enlistment. In the present case the claimant enlisted subsequent to November 11. 1918, was discharged before expiration of the enlistment, and his discharge was for his own convenience. He did not serve in the war with the German Government within the meaning of the act of July 11, 1919, and he is not entitled to the travel allowance provided therein. The action of the auditor is affirmed.

TRAVEL ALLOWANCE ON DISCHARGE-NAVY, ENLISTED MEN.

An enlisted man discharged after November 11, 1918, from the Navy before expiration of his enlistment, on medical survey because of disability incurred in line of duty, is not limited by the appropriation in the act of July 11, 1919, 41 Stat., 134, to transportation to his home, with subsistence and transfers en route, but is entitled to travel allowance, under the act of February 28, 1919, 40 Stat., 1203, from place of discharge to his bona fide home, or residence, or original muster into the service, less the value of the transportation, if any, furnished him by the Government.

Decision by Comptroller General McCarl, August 9, 1921:

The Chief of the Navy Department Division has transmitted as a request for instruction a memorandum decision of the law board assigned to the division upon the right of Paul Adam Schlefsky, former seamen, second class, United States Navy, to travel allowance on discharge, the law board expressing the opinion

that enlisted men of the Navy, honorably discharged by reason of medical survey, since November 11, 1918, are not entitled to five cents per mile provided by the act of February 28, 1919, but are only entitled to transportation, subsistence, and transfers en route to their home as provided by the acts of July 1, 1918, July 11, 1919, and June 4, 1920.

Schlefsky enlisted at Milwaukee, Wis., February 1, 1918, and was discharged March 11, 1919, on the receiving ship at Pelham Bay Park, New York, on account of physical disability incurred in line of duty, and was furnished transportation to his home at Chaska, Minn. He now claims difference between travel allowance at 5 cents per mile and the value of the transportation furnished him from Pelham Bay Park, New York, to Chaska, Minn.

The act of February 28, 1919, 40 Stat., 1203, provides:

SEC. 126. That an enlisted man honorably discharged from the Army, Navy, or Marine Corps since November eleventh, nineteen hundred and eighteen, or who may hereafter be honorably discharged, shall receive five cents per mile from the place of his discharge to his actual bona fide home or residence or original muster into the service, at his option:

*

The act of July 11, 1919, 41 Stat., 139, provides that

All enlisted men of the Navy and Coast Guard who have served in the war with the German Government and who may hereafter be discharged or who have been discharged from the service since November 11, 1918, and before the expiration of their full enlistment shall receive, under such rules and regulations as the Secretary of the Navy may prescribe, an honorable discharge and shall receive 5 cents per mile from the place of his discharge to his actual bona fide home or residence or original muster into the service at his option: Provided, That the records of such men warrant such honorable discharge.

* *

Except as stipulated by the act of July 11, 1919, the right to travel allowance does not accrue to men discharged for their own convenience. That restriction, however, is the only one recognized in decisions of this office as concerns travel allowance under the act of February 28, 1919. See decision of the Comptroller General dated July 14, 1921, 1 Comp. Dec., 17. Since Schlefsky was entitled to an honorable discharge upon the findings of a medical survey and was