FULL PAY AND ALL SERVICE ALLOWANCES
FOR U. S. SOLDIERS HELD AS PRISONERS
COMPTROLLER OF THE TREASURY'S RULING DOES NOT IN
CLUDE MEMBERS OF NURSE CORPS, ARMY FIELD
CLERKS, AND OTHER CIVILIAN EMPLOYES
FULL TEXT OF DECISION.
The Treasury Department authorizes publication of the follow
ing: Washington. The Honorable he Secretary of War- sir: I re
ceived your request of July 5, 1918, for decision of questions pro
pounded ly tin- acting quartermaster general of the army s follows:
"(1) Arc Commissioned Officers ami enlisted men of the regular
army, national army, the national guard and commissioned officers of
the ofBcers' reserve corps, and enlisted men of the enlisted reserve
corps, entitled to pay while held as prisoners of war by an enemy na
tion ?
"(2) Arc the officers ami enlisted .men named in question 1
above entitled to pay during the period for which they may be re
ported as 'missing' in action?
" (3) Arc members of the army nurse corps, field clerks, or Other
civilian employes of the war deportment, entitled to pay while held
as prisoners of war by an enemy nation, or for the period for which
they may be reported as 'missing'!
4
listed men of tBS regular urniy, na
tional army, the national gifhrd and
commiMlonad officer! of the officers'
"(4) Should an enemy nation at
war with the United States make
payments of a sipulated amount as
monthly pay to commissioned officers
of the United StateB held prisoners of
war under an agreement to be reach
ed between the United States and
such nations, will the amount so paid
such officers by enemy nations be de
ducted from pay due them for the
-riod of their captivity or will such
officers be entitled to receive from a
disbursing officer of the war depart
ment the full amount of their month
ly pay and allowances without re
gard to the amount they may receive
as pay and allowances from an ene
my nation while held as prisoners of
war?"
Section 14 of the act of March 30,
1814 (3 Stat.. 115). provides: ,
"That every noncommissioned of
ficer and private of the army or offi
cer, noncommissioned officer and
private of any militic. or volunteer
corpfi in the service of the United
States, who has been or who may be
captured by the enemy, shall be en
titled to receive during his captivity,
notwithstanding the expiration of his
term of service, the same pay. sub
sistence, and allowance to which he
may be entitled whilst In the active
service of the United States.
This provision has been embodied
in the revised statutes, section 1288,
s ioiiowr:
'Kverv noncommissioned officer
and private of the regular army, and
every officer, noncommissioned offi
cer and private of any militia or vol
unteer corps in the service of the
United States who is captured by the
enemy, shall be entitled to receive
during his captivity, notwithstanding
the expiration of his term of service,
the sarre pay, subsistence and allow
ance to which he may be entitled
while in the actual service of the
United States; but this proTlsion
shall not be construed to entitle any
prisoner of war of such militia corps
to any pay or compensation after the
date of his parole, except- the travel
ing expenses allowed by law."
The act of June 3, 1916 (39 Stat.,
166) , provides:
vThat the army of the United
States shall consist of the regular
army, the volunteer army, the offi
cers' reserve corps, -the enlisted re
serve corps, the national guard while
in the service of the United States,
and such other land forces as are
now or may hereafter be authorized
by law."
The language of section 1288 is
broad enough to warrant the inclu
sion of commissioned officers and en-
reserve corps, and enlisted men of
the enlisted reserve corps In the
benefit of its provisions, and the first
question you submit is answered in
the affirmative.
Whether officers and enlisted men
named in your first qtiettlofl are en
titled to pay during the period for
which they may be reported as 'miss
ing in action" involves the determin
ation of a question submitted on un
known premises, because so many
conditions differing in their legal ap
plication may be embraced in the
phrase "missing in action." If the
officer or private so reported should
be a prisoner captured by the enemy,
and that fact should be established,
then such officer or private would be
entitled to pay during such time as
they were prisoners. If either an of
ficer or private reported "missing in
action" should be killed, or die later
from wounds received in battle, his
s-tatus in the matter of pa or allow
ance would be determined accord
ingly. It is possible that a man might
desert his organization or die as the
result of his own misconduct, or be
come disabled, not in service or ac
tion, aim oe reported "missing." and
in such cases the circumstances of
the particular cse would govern. An
officer or private might be dead and
reported as missing in action without
the fact of his being dead becoming
established.
It Is clear, therefore, that no def
inite general rule that shall cover
pay of officers and enlised men re
ported missing in action can be for
mulated. Their pay should be with
held until their status can be defin
itely ascertained. In case no infor
mation establishing their status can
Be oniaineo., individual cases must
be considered on their merit and de
termined upon such evidence as may
be obtainable.
Your second question is answered
accordingly.
The question whether members of
the army nurse corps, field clerks, or
other civilian empfoyes of the war
department are entitled to pay while
held as prisoners of war by an ene
my nation.or for the period for which
they may be reported as "missing," is
answered in the negative" because
neither of the classes of employes
named is included in the statute as
being entitled to receive during his
captivity the pay, subsistence, and
allowance therein provided, and the
conditions of "missing" are too num
erous and complex to render a de
rision which could govern as a pre
cedent, unless these conditions are
known.
The fourth question submitted In
volves a decision of matters pertain
ing to and dependent on an agree
ment not now In existence, anil
should be definitely decided nnl
when such a condition arises. An an
swer If made at this time must be
confined to the general statement
that it Is not the policy or the prac
tice of the government in matters of
pay to tender a douMeor duplicate
payment for any service in its con
tract of employment.
I ndoubtfilly conditions have aris
n. and will contnue ; arise in the
present war which are not provided
for by statutory enactment, and
which uruently coll for legislation,
but until fucIi Is accomplished, the
questions submitted and all future
qUSSttOflS can only be decided, in so
far as decision ran be rendered, upon
the laws now in force.
Light on some of the questions
submitted would be afforded if the
terms of the Hague convention had
been ratified and put in operation by
Cermuny and Austria-Hungary, the
countries with which the United
States are at war, article XVII. of
the convention of 1907. declaring
that "officers taken prisoners shall
receive the same rate of pay as offi
cers of corresponding, rank in the
country where they are detained, the
amount U be Ultimately refunded by
their own government ." but uptil
there shall be such ratification that
article can not have application in
deciding tilt' questions.
Hespccitfully,
V. Y. WARWICK, Comptroller.
ioi
Borne Town
THelpsT
, . , , f-f Tirrv
Tl Mtlt(l lwn i.'uisi kt nf an a "'fi
t ". , i w:: -hiT'vnt.iMii : nil had fried
i rui'i i ll over town to get nthtiliti
I i - 'if ir.lled bad M t.itl r.
i: I '-i Mid every other day fnr f : -1
iiia tier This wmnnn Uld not care to
' ti r rlctV's to a lerge laundry lor
!, il laxt hltC put In a new v.nsliitr;
el ;u lle basement. As a HUM, re
- i ! she called up ii woman on the tel
phone who had done her washing the
ttlltttlier before.
'"buy " she said, "would you come
nrotinri solid time next week to do my
wtixhtngl I'll give you K."
"'n on. Miss White." responded rnl
mvo Mary. "I am bavin' my wnshin'
taken out now!" Indianapolis News.
Insure Your
Tractor Investment
Keep your tractor properly lubricated and it will
serve you long and well. It will give you bigger
returns from your labor and fuel bigger crops
and a bigger share in winning the war.
STANOLIND
Gas Engine Tractor Oil
exactly meets the severe lubricating conditions
that arise when you burn kerosene or other
heavy fuel in your tractor engine. Follow your
tractor manufacturer's directions and use this real
tractor oil that keeps compression tight, saves
cylinder wear and gives adequate, even lubrica
tion most economically.
Use Stanolind Gas Engine 1 ractor Oil and you
will insure your tractor investment.
STANDARD OIL COMPANY
(Nebraaka)
OMAHA
"Bear" In Mind
m
Banishes thirst.
Puts vigor into di
gestion. Non-intoxicating.
A remarkable soft
drink with the good
taste of hops.
Absolutely pure.
At grocers', at
druggists', in
fact, at all places
where good
drinks are sold.
GOOD TREE FLOWER BASKET
Latest Idea In Outdoor Ornament Will
Help Enhance Attractlvenesa
of Any Place.
A feature which has heen termed
"The Tree Flower Haskot' Is one of
the latest things presented in the
western part of this country for the
beautifying Of the home property. The
owner of the home place knows that
almost any kind of flower holders. If
they are put to work, aerve to add to
the appearance of the property. Fur
thermore, where a novelty, In the way
of a flower basket, such as Is seen In
the accompanying illustration, la
erected. It does mora than merely
serve to enhance the attractiveness of
the place It adds Individuality to the
dwelling.
Surely this feature adds the "rod!
vidual" touch to the home It adorns.
Altogether there are eight trees that
HEAVY MEAT EATERS
HAVE SLOW KIDNEYS
Sat leas meat if yon feel Backaehy or
have bladder trouble Take
glass of Salt
js5f ' mHhmI BKa a
No man or mmn who eats ment regu
larly 0M mike ft mistake hy flushing the
kidneys occasionally, aars a well known
authority. Mont forms nrio acid which
excites the kidneys, they become over
wiirkiM from the strnin, get sluggish nnd
fnil to filter the waste nnd poisons from
the blood, then we get sick. Nearly sll
rlipumntlsm. hendnchrs, liver trouble
nervousness, dimness, sleeplessness and
urinnry disorders come from sluppislt
i idnsya
Ii" moment you feel a dull ache in T ie
kidneys or your back hurts or if the
urine is cloudy, offensive, full of sedi
ment, irregular of nnpsagc or attended by
a sensation of scald ing, stop eating meat
and get about four ounces of Jnd
Salts from any pharmney, take a
tnhlcspoonful in a gins of writer before
breakfast and in a few days your kidneys
will act line. This famous anlts is made
from the acid of grapes nnd lemon juice,
combined with lithia, nnd has been used
for generations to flush and stimulate
the kidneys, nlso to neutralize the acids
in urine so it. no longer causes irritation,
thus ending bladder wenkness.
Tml Sail is inexpensive and cannot
tnjnrc: makes a delightful effervescent
lithin-wntcr drink which everyone
ahould take now and then to keep the
kidneya clean and ictivt nnd the h!od
pore thereby avoiding serious kidney
eomphuatins.
OLD TIME COLD CURE I
DRINK HOT TEA ! I
OH a ifssrli padcage of Hemlmrg
Hreast Tea, of ti ne 0.rmai folk
call it, "llanil'urger Brtitt '1 hoe," at any
phnrmnry. Ii.ke t ni l poonful of the
tea. put a cup of boiling water upon
it, pour through a tlefi and drink a
tcsnip full at nny time during the
day or before retiring. It, is the most
effective wy to break a cord and cure
grip. i;i it open the pore of the skin,
relieving congestion. Also loosens the
bowels, thus breaking tip a cold.
Try it tfeS ne:;t time you suffer from
a cold or the grip. It is inexpensive
and entirely vegetable, therefore safa
and harmless.
RUB RHEUMATISM
FROM
ITY WAR SAVING STAMPS
m, NHNG JOINTS
Rab Soreness from joints and muscles
with a email trial bottle of
old 8t Jacobs Oil
Stop "dosing" Rheumatism.
It's pain only; not one case in fifty
requires internal treatment. Rub sooth
ing, penetrating "St. Jacobs Oil" right
on the "tender spot," and by the time
you say Jack Robinson out comes the
rheumatic pain. "St. Jacob's Oil" is
a harmless rheumatism cure which never
disappoints and doesn't burn the skin. It
takes pain, soreness and stiffness from
eking joints, musclea and bones; stopa
ec.atiea, lumbago, backache, neuralgia.
Limber upl Get a 26 cent bottle
of old-time, honest "St. Jacobs Oil"
from any drug store, and in a moment
you'll lie free from pains, aches and
stiffness. Don't suffer I Rub rheuma
tism away.
OH quirk rrault l dt rrtlslna In Till IIKIIAM) WANT Ad Department.
By Nailing a Few Branchea of Equal
Length Arcund the Trunk of a Tree,
Fastening Them Together With
Wire, and Lining With Moss, an At
tractive Tree Flower Basket Is
Formed.
have been treated in this manner, these
running along the parkway beside this
home. The Idea is especially valuablo
when used In connection with tree
that have tall, plain trunks, for the lit
tle baskets aerve to break the trunk's
plainness.
These baskets are simple In con
struction and inexpensive. A number
of branches are cut In uniform length;
palm branches being used in this In
stance, and the length being 18 inches.
These are arranged around the tree
about three Inches apart and
are held In position by wires run
around their lower ends, fastening
them tiRhtly to the tree. A lining such
as moss is then secured for the bas
kets, after which earth is placed in
them. Flowers can then be planted in
the earth. While manykindsof flowers
may he grown in these baskets, vlnea
and ferna which hang down against
the trunk of the tree are very ao
ceptable. World's Advance.
Ii
How About Your Roof?
A city may have the reputation of
being a "clean town," and its citizens
may be prone to boast of this facL
but marly any "clean town" would
lose self-respect If seen as the work
ers in the upper ozone view It. If
your office happens to be located on
ono of the upper floors of a tall build
ing, take a look at your town and sec
what you think of It. Look down and
see the dirty alleys, roofs littered with
everything from old lumber to paper,
tin cans and cheap signs. Awful, isn't
it? Now go up and examine your roof.
There must be a man higher up, and.
too, aviators are a discriminating
class. Building Magazine.
Speak Slowly
When You
Telephone
' Never before has the
demand been so insistent
for speed in telephone
service.
in days like these, when things are dons in a great
rush, there is a tendency on the part of telephone users
to attempt to hurry their calls and give numbers rapidly.
Some people ask for numbers so hurriedly the operators
cannot understand them correctly and time is lost repeat
ing the call.
' ' ."""
In order to conserve your time it is urged that undue
haste in telephoning be avoided. Always call the
bers slowly and distinctly and talk directly into the
telephone.
NEBRASKA TELEPHONE COMPANY
Have food
Buy War Siivlnsra Stansps
ad i n.. ! iioud.
umttwaniMiiiniiiMiiTmtnrmnmtiiuiniiiiiiiuituL-muuwuiiiniiiiiiiiuun:
Neighborhood Parks Needed.
All of our cities need more small
neighborhood parks. The masses
must have breathing places and small
parks or squares best meet these re
quiroments. The development of cit
fes should be coutrolled by the mu
nicipalities, and no tract put on the
market except a small area for a park
Is first donated to the city. This is
a Justifiable hold-up. There should be
a neighborhood park within ten miu
utes brisk walk of every home. AH
should havo an educational value for
the district school and general public
therefore each tree or shrub should be
labeled with proper and scientific
name and country of nativity.
tv-iy ITnUed
I'n. fit Sh&rinff
Coupon. (' touponfl
ftrll i notntfianon
2U) are parked in
every emae
fcxrhtuig-rabie for
vaiuaUu pix-miuxoa.
LEMP Manufacturers ST. LOUIS
EVERETT COOK
Distributor
Alliance, Nebraska
For Next Year's Garden.
Why not start a good lot of hardy
perennials if you have a coldframe in
which to winter tho plants? Any sort
of a crude frame will do; if you
haven't glass covers, boards or mate
will do. Nearly all the hardy peren
nlals can be sown at this time and
will flower next season; they simply
require some very light protection
over the winter. This is also the ac
cepted time to sow those two showy
biennials, the foxglove (Digitalis) and
cup and saucer t( ampanulal. Winter
In a frame and Bet out in very early
spring. Harper's liazar.
Ford
The Universal Csr
Another Car Load of
Fordson Xractors
i'au be secured aiicut September 1st. Orders must be signed
befaore tract is esn e secured. The contracts must be signed
and in I)r Moines before delivery will be made. Any one who
wishes a traetct for the fall work should have their order at
the garage not later than August 1st.
HERMOLINE OIL
recommended by II my Ford for the Fordson Tractors and
Ford ears. This is a liitih grade oil suitable for all Tractors.
On sale ii small lots or barrels at
FORD GARAGE
COURSEY & MILLER
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