Chapter 445. To amend an Act entitled “An Act to reimburse the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain,” approved July eighth, eighteen hundred a
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CHAP. 445.— An Act To amend an Act entitled “An Act to reimburse the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain,” approved July eighth, eighteen hundred and ninety-eight, and for other purposes. March 3, 1899. *Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, * Reimbursement of States for expenses equipping volunteers, etc., Spanish war.*Ante,* p. 730, amended.Expenses after July 8, 1898, allowed.
That the Act entitled “An Act to reimburse the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain,” approved July eighth, eighteen hundred and ninety-eight, be so amended that the Secretary of the Treasury shall be, and is hereby, authorized to allow, in the settlement of the claims of the governors of States and Territories for reimbursement under the provisions of the said Act, expenses incurred after as well as before *Provisos.*No reimbursement for members militia, etc., not accepted as of same grade.July eighth, eighteen hundred and ninety-eight: *Provided,* That no reimbursement shall be made for service of members of the National Guard, or organized militia, or naval reserves of any State or Territory who were not accepted into the Volunteer Army of the United FIFTY-FIFTH CONGRESS.
Sess. III. Ch. 445. 1899. 1357 States, and no reimbursement shall be allowed for payments made to any person in excess of the pay and allowances authorized by the laws of the State or Territory for the grade in which he was accepted into the Volunteer Army of the United States. That the compensationCompensation. allowed by the laws of the States and Territories to officers and men of the National Guard, or militia, or naval reserves of said States and Territories shall be allowed to the States and Territories, or the governors of the States and Territories, as pay for such officers and men of said National Guard, or militia, or naval reserves as appeared and remained at the place of muster, and who were afterwards received into the service of the United States for the period between the date of assembly at the rendezvous and the date they were mustered into the United States service: *Provided, however,* That in all States and Territories—where Regular Army pay allowed. where no laws exist for the payment of the officers and men of the National Guard, or militia, or naval reserves, there shall be allowed to said States and Territories, or the governors of said States and Territories, for the officers the same pay as allowed officers in the Regular Army holding the same rank, and for the men, one dollar per day, for such officers and men as appeared and remained at the place of muster and were afterwards received into the service of the United States for the period between the date of assembly at the rendezvous and the date they were mustered into the service of the United States: *Provided further,* That for all officers and men of the National Guard, or militia,—rejected officers, etc. or naval reserves of the States and Territories, who appeared at the rendezvous for muster, and were rejected by the medical examiner or mustering officer, pay shall be allowed for the same to the States and Territories or the governors of States and Territories, at the several rates as fixed as aforesaid from the date of assembly to the date of their rejection: *Provided further,* That where States and TerritoriesPayment direct to officers, etc. have not paid amounts to the officers and men or any part thereof the pay allowed them by this Act, the same shall be paid by the States and Territories direct to the officers and men, and no money allowed by this Act for officers and men shall be covered into the treasury of the State or Territory.
Sec. 2. That under the appropriation made by said Act the SecretaryTransportation expenses. of the Treasury is hereby authorized to reimburse the governor of any State or Territory for reasonable expenses incurred by him for the actual transportation of the members of organized militia, or National Guard, or naval reserves of his State from the place of company, battalion, or regimental rendezvous to the State rendezvous, or place designated for examination and acceptance of the members of such organization into the Volunteer Army of the United States, and the actual transportation from such State rendezvous, or such place designated for examination and acceptance, to their respective company, battalion, or regimental rendezvous of such men as were rejected by the medical examiner or mustering officer: *Provided,* That no reimbursement shall be made for*Provisos.*No reimbursement for men not presenting themselves. the transportation of any man who did not present himself for enrollment in the Volunteer Army of the United States as provided by law: *And provided further,* That the provisions of this section shall apply—men afterwards rejected. also to payments made by the governor of any State of Territory for the actual transportation of individual volunteers who presented themselves for enrollment in the Volunteer Army of the United States and who were rejected by the medical examiner or mustering officer.
Sec. 3. That nothing in said Act of July eighth, eighteen hundredSubsistence of organized militia allowed. and ninety-eight, shall be so construed as to prohibit the reimbursement of the governor of any State or Territory for reasonable expenses incurred for the subsistence of the members of any organization of the organized militia or National Guard, or naval reserves of his State or Territory after having been called out by the governor on or after April twenty-fifth, eighteen hundred and ninety-eight: *Provided,* That such*Proviso.*—condition. organizations shall afterwards have been accepted into the Volunteer Army of the United States. 1358 FIFTY-FIFTH CONGRESS.
Sess. III. Chs. 445, 446. 1899. Sec. 4. Unsettled accounts against States not to be set off. That the expenses incurred by the governors of States in carrying out the provisions of this Act shall be paid to them, notwithstanding any unsettled accounts, claims, or indebtedness of the United States against their States, and without prejudice to such unsettled *Provisos.*—where caused by default in payment, etc.accounts: *Provided,* That when such unsettled account is caused by a default in payment of principal or interest on any bonds or stock issued or guaranteed by any State, the ownership of which is vested in the United States, the Secretary of the Treasury be, and he is hereby, authorized and directed to institute any act or proceeding which he may consider advisable against such State or its representatives to secure the payment of the principal and interest of said bonds or stocks:
Equipment, etc., purchased at rendezvous afterwards used in Army, etc.*And provided further,* That where the governor of any State or Territory, or any officer of the Army detailed as mustering officer of volunteers, or any commander of a company or companies, or troop or troops, or battery or battalion, or regiment, or brigade, has purchased or authorized the purchase of supplies or equipments, or incurred any necessary expense for the comfort of the men in camp or rendezvous, and said supplies were used and equipments were subsequently taken into the United States service by said volunteers, and no receipts given to such military officer, the certificate to that effect of the governor of the State or Territory to which the volunteers belonged, shall be held sufficient to authorize the settlement and payment of such account on investigation, if the Treasury Department shall be satisfied of the fact of such purchase of such equipment and supplies, or that such necessary expenses were incurred and such use of such supplies, or such taking of such equipments into the United States service, and the voucher or vouchers of said officers be produced by said governor.
Sec. 5. Payment of accounts for transportation, etc. That the Secretary of the Treasury be, and is hereby, authorized to pay, out of any money in the Treasury not otherwise appropriated, the just and proper account or claim of any railroad, transportation company, or person for transportation of men or troops from place of enrollment to point of rendezvous, furnished at the request of the Quartermaster-General of the Army or his agents, or at the request of any United States mustering officer or other officer authorized by the Secretary of War to enroll, muster or mobolize volunteers for the war with Spain; and also to pay such just and proper accounts as may be presented for transportation back from point of rendezvous to place of enrollment of men who volunteered and were rejected by the medical examiner *Proviso.*Limit of rates.or mustering officer: *Provided,* That the amount allowed and paid for such transportation shall not be in excess of the rates charged for transporting troops of the United States under like circumstances.
Filing claims.All claims under the provision of this Act must be filed in the office of the Auditor for the War Department, and must be supported by proper vouchers or other conclusive evidence of interest. Sec. 6. —to be itemized.—limit of time for presenting. That all claims for reimbursement under this Act or the Act of July eighth, eighteen hundred and ninety-eight, shall be presented in itemized form to the Treasury Department on or before January first, nineteen hundred and two, or be forever barred.
Approved, March 3, 1899.