...The plaintiff claims under section 6 of the act of April 26, 1898, which reads as follows: '•' That in time of war, every officer serving with troops...allowances of the grade appropriate to the command so exercised." * * * That the plaintiff exercised a command above that pertaining to his rank is not questioned....

...his death ? Section 7 of the act approved April 26, 1898, 30 Stat. 365, 10U. SC 694, provides: That in time of war every officer serving with troops operating...enemy who shall exercise, under assignment in orders issuea by competent authority, a command above that pertaining to his grade, shall be entitled to receive...

...statute (act of Apr. 26, 1898, 30 Stat. 365) under which the plaintiff claims reads as follows: " That in time of war every officer serving with troops operating against an enemy, who shall exercise, under an assignment in orders issued by competent authority, a command above that pertaining to his grade,...

...the war with Germany is not entitled to be paid under the provision of the statute which reads: "That in time of war every officer serving with troops operating against an enemy who shall exercise, tinder assignment in orders issued by competent authority, a command above that pertaining to his grade,...

...desertion, forfeit all right to pension which he might otherwise have acquired.—(Section 6, ibid.) In time of war every officer serving with troops operating...allowances of the grade appropriate to the command so exercised: Provided, That a rate of pay exceeding that of a brigadier-general shall not be paid in...

...and be entitled to the pay and allowances of a mounted officer of his grade. SEC. 9. That in time ot war every officer serving with troops operating against...allowances of the grade appropriate to the command so exercised : Provided, That a rate of pay exceeding that of a brigadier-general shall not be paid in...

...aim}' "f *'"" ^" time of war every officer serving with troops operating Sec.7.«»M. against an euemy who shall exercise, under assignment in orders issued...allowances of the grade appropriate to the command so exercised: Provided, That a rate of pay ex ceeding that of a brigadier-general shall not be paid in...

...the special sanction of the War Department, be allowed the aids of the grade. — А. В., 33. 140. In time of war every officer serving with troops operating against an enemy, who shall exercise, while under assignment ill orders issued by competent authority, a command above that pertaining to...

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...crime of desertion, forfeit all right to pension which he might otherwise have acquired. " SEC. 7. That in time of war every officer serving with troops operating...allowances of the grade appropriate to the command so exercised : Provided. That a rate of pay exceeding that of a brigadier general shall not \xpiiid in...