...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...the grade appropriate to the command so exercised." * * * That the plaintiff exercised a command above that pertaining to his rank is not questioned. But...

...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,...

...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...command so exercised: Provided, That a rate of pay ex ceeding that of a brigadier-general shall not be paid in any case by reason of such assignment.1...

...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...

...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...: Provided. That a rate of pay exceeding that of a brigadier general shall not \xpiiid in any case by reason of such assignment : Provided further. That...

...commissions are entitled to receive only the pay and allowances of the Volunteer rank while serving as such.2 In time of war every officer serving wit'h troops...allowances of the grade appropriate to the command so exercised:3 provided, that a rate of pay exceeding that of a brigadier-general shall not be paid in...

...organization of the line of the Army of the United States," approved April 26, 1898, it is provided ' 'That in time of war every officer serving with troops operating...above that pertaining to his grade, shall be entitled 18 197 to receive the pay and allowances of the grade appropriate to the command so exercised. " The...

...approved April 26, 1898. The clause referred to upon which an opinion is desired is as follows: "That in time of war, every officer serving with troops...shall be entitled to receive the pay and allowances appropriate to the command so exercised. " The particular point upon which you desire instruction is...