and that the proceeds from sale of garbage from the general mess of a receiving ship should be covered into the Treasury as miscellaneous receipts. (19 Comp. Dec. 450.)

For other cases, see note to section 1581, Revised Statutes.

SEC. 1581. (Substitutions in rations and extra allowance for night watches.) The following substitution for the components of the ration may be made when deemed necessary by the senior officer present in command: For one and onequarter pounds of salt or smoked meat or one pound of preserved meat, one and three-quarter pounds of fresh meat or fresh fish, or eight eggs; in lieu of the articles usually issued with salt, smoked, or preserved meat, one and threequarter pounds of fresh vegetables; for one pound of biscuit, one and onequarter pounds of soft bread or eighteen ounces of flour; for three gils of beans or pease, twelve ounces of flour or eight ounces of rice or other starch food, or twelve ounces of canned vegetables; for one pound of condensed milk or evaporated cream, one quart of fresh milk; for three ounces of dried or six ounces of canned or preserved fruit, nine ounces of fresh fruit; and for twelve ounces of flour or eight ounces of rice or other starch food, or twelve ounces of canned vegetables, three gills of beans or pease; in lieu of the weekly allowance of one-quarter pound of macaroni, four ounces of cheese, one-haif pint of vinegar or sauce, one-quarter pint of pickles, one-quarter pint of mo.asses, and one-eighth ounce of spices, three pounds of sugar, or one and a half pounds of condensed milk, or one pound of coffee, or one and a half pounds of canned fruit, or four pounds of fresh vegetables, or four pounds of flour.

"An extra allowance of one ounce of coffee or cocoa, two ounces of sugar, four ounces of hard bread or its equivalent, and four ounces of preserved meat or its equivalent shall be allowed to enlisted men of the engineer and dynamo force who stand night watches between eight o'clock postmeridian and eight o'clock antemeridian, under steam."

Any article comprised in the Navy ration may be issued in excess of the authorized quantity, provided there be an underissue of the same value in some other article or articles.

This section was expressly amended and reenacted to read as above by acts of June 29, 1906 (34 Stat. 571), and March 2, 1907 (34 Stat. 1193), the amendment made by the act last cited consisting of the addition to section 1581 of the last paragraph thereof,as above set forth. As originally enacted, it read as follows:

"SEC. 1581. The following substitution for the components of the ration may be made when it is deemed necessary by the senior officer present in command: For one pound of salt beef or pork, one pound and a quarter of fresh meat or three-quarters of a pound of preserved meat; for any or all of the articles usually issued with the salted meats, vegetables equal to the same in value for fourteen ounces of biscuit, one pound of soft bread, or one pound of flour, or half a pound of rice; for half a pint of beans or peas, half a pound of rice, and for half a pound of rice, half a pint of beans or peas. And the Secretary of the Navy may substitute for the ration of coffee and sugar the extract of coffee combined with milk and sugar, if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration: Provided, That the same shall be acceptable to the men." (July 18, 1861, ch. 7, secs. 2, 3, 4, vol. 12, p. 265; April 17, 1862, ch. 57, sec. 4, vol. 12, p. 381.)

It was previously amended by act of May 3, 1880 (21 Stat. 86), which provided that "The Secretary of the Navy may substitute for the ration of two ounces of desiccated potatoes' six ounces of desiccated tomatoes if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration, provided the same shall be acceptable to the men. In the event the Secretary of the Navy orders such substitution he is authorized to have sold at public auction any desiccated potatoes on hand, the proceeds of which sale shall be used in the purchase of desiccated tomatoes for the use of the Navy."

It was again amended by act of July 1, 1902 (32 Stat. 680), which expressly repealed the provision above quoted from the act of May 3, 1880, and reenacted section 1581 to read as follows:

"SEC. 1581. The following substitution for the components of the ration may be made when deemed necessary by the senior officer present in command: "For one and one-quarter pounds of salt or smoked meat or one pound of preserved meat, one and three-quarters pounds of fresh meat; in lieu of the article usually issued with salt, smoked, or preserved meat, fresh vegetables

of equal value; for one pound of biscuit, one and one-quarter pounds of soft bread, or eighteen ounces of flour or rice or eight ounces of canned vegetables, and for twelve ounces of flour or rice or eight ounces of canned vegetables, three gills of beans or peas."

The act of July 1, 1902 (32 Stat. 680), also enacted the following clause, but not as a part of section 1581, although, with slight verbal change, embraced in that section as reenacted by the act of June 29, 1906:

"That an extra allowance of one ounce of coffee or cocoa, two ounces of sugar, four ounces of hard bread or its equivalent, and four ounces of preserved meat or its equivalent shall be allowed to enlisted men of the engineer and dynamo force when standing night watches between eight o'clock postmeridian and eight o'clock antemeridian under steam."

A provision similar to that last quoted was enacted by act of May 22, 1917, section 21 (40 Stat. 90), which applied only for the period of the then existing war, and extended said extra allowance to enlisted men of the deck force. (See note to section 1584, Revised Statutes.)

Issue of fruits with fresh meat: When fresh meat is substituted for salt, smoked, or preserved meat, "three ounces of dried, or six ounces of canned or preserved fruit," may be issued therewith; or “nine ounces of fresh fruit" may be substituted for the dried, canned, or preserved fruit. (File 21177-3, Jan. 25, 1911.)

When "one and three-quarter pounds of fresh vegetables" are issued with fresh meat as a substitute for "the articles usually issued with salt, smoked, or preserved meat," there may be issued therewith "one and a half pounds of canned fruit," or such portion thereof as desired, "in lieu of the weekly allowance of one-quarter pound of macaroni, four ounces of cheese, one-half pint of vinegar or sauce, one-quarter pint of pickles, one-quarter pint of molasses, and one-eighth ounce of spices." (File 21177-3, Jan. 25, 1911.)

When fresh meat is issued with dried, canned, or preserved fruit, or with fresh fruit, in accordance with above ruling, there may also be issued there with "four pounds of fresh vegetables" or such portion thereof as desired. "in lieu of the weekly allowance of one-quarter pound of macaroni" and other items specified above. (File 21177-3, Jan. 25, 1911.)

Any of the articles above enumerated may be issued in excess of the quantities stated, “provided there be an under issue of the same value in some other article or articles." (File 21177-3, Jan. 25, 1911.)

Substitution for butter: The Navy ration includes a daily allowance to each person of two ounces of butter." Substitutes are authorized for certain components of the ration, not including, however, butter, as to which, accordingly, no substitution can be made. Held, therefore, that oleomargarine or butterine can not legally be substituted for butter as a part of the Navy ration. (File 19398-34, Apr. 14, 1913; 148 S. and A. memo. 2682.)

SEC. 1615. (Rations of enlisted men.) The noncommissioned officers, privates, and musicians of the Marine Corps shall, each, be entitled to receive one Navy ration daily. (July 1, 1797, ch. 7, sec. 6, vol. 1, p. 524; July 11, 1798, ch. 72, sec. 2, vol. 1, p. 595.)

Amendment to this section was made by act of March 4, 1917 (39 Stat. 1189), under "Provisions, Marine Corps," as follows: "Hereafter no law shall be construed to entitle enlisted men on shore duty to any rations or commutation therefor other than such as are now or hereafter may be allowed enlisted men in the Army: Provided, That when it is impracticable or the expense is found greater to supply marines serving on shore duty in the island possessions and on foreign stations with the Army ration, such marines may be allowed the Navy ration or commutation therefor." (It had previously been provided by a clause in the annual naval appropriation act of March 2, 1891, and subsequent years, under "Provisions, Marine Corps," that "no law shall be construed to entitle enlisted marines on shore duty to any rations or commutation therefor other than such as now are or may hereafter be allowed enlisted men in the Army." Commencing with the act of March 3, 1901, there was added to this clause in the annual appropriation act the following proviso: "That when it is impracticable or the expense is found greater to supply marines serving on shore duty in the island possessions and on foreign stations with the Army ration, such marines may be allowed the Navy ration or commutation therefor." These clauses were thereafter repeated annually, until the act of March 4, 1917, above quoted, in which they were made permanent legislation by the use of the word "hereafter.")

154).

Amendment was also made to this section by act of July 11, 1919 (41 Stat. By act of May 18, 1920, section 5 (41 Stat. 602), it was provided "That all noncommissioned officers of the Army of grade of color sergeant and above as fixed by existing Army Regulations and noncommissioned officers of the Marine Corps of corresponding grades shall be entitled to one ration or commutation therefor in addition to that to which they are now entitled. The commutation value shall be determined by the President on July 1 of each fiscal year, and for the current fiscal year the value shall be computed on the basis of 55 cents per ration." By section 13 of the same act (41 Stat. 604), it was provided that this provision shall remain effective until June 30, 1922, unless sooner amended or repealed. By act of June 4, 1920, section 4 (41 Stat. 761), establishing new grades and pay for enlisted men (noted under sec. 1612, R. S., under "Army laws applicable to Marine Corps"), it was provided that "the temporary allowance of rations authorized by section 5" of the act approved May 18, 1920, shall apply only to enlisted men of the first three grades."

66

"Commutation of rations to recruiting parties, and enlisted men traveling on special duty, at such rate as the Secretary of the Navy may prescribe," is authorized by clause in the annual naval appropriation act under "Provisions, Marine Corps." (Act June 4, 1920, 41 Stat. 831.)

Rations of enlisted men of the Navy: See sections 1579-1585, Revised Statutes, and notes thereto.

Rations are "allowance" and not "pay": The clause referring to additional ration or commutation therefor, in section 5 of the act of May 18, 1920 (41 Stat. 602), which, under section 4 of the Army reorganization act of June 4, 1920 (41 Stat. 761), shall apply only to enlisted men of the Army and Marine Corps of the first three grades, became effective from May 18, 1920, such additional ration being an allowance, and not one of the increases of pay which, under said act of May 18, 1920, became effective from January 1, 1920. (27 Comp. Dec. 31.)

Commutation defined: Commutation in the military or naval service is money paid in substitution of something to which an officer, sailor, or soldier is entitled. Being regulated by statute, commutation can not be allowed by inferior authority. (Jaegle v. U. S., 28 Ct. Cls. 133.)

Under a usage in the Marine Corps, musicians at their option were allowed to take the cost price of their rations, instead of being subsisted on the rations issued. This payment to musicians of the cost price of rations was not commutation, but was virtually a purchase of the rations from them at the invoice price, and a musician who elected to take the price instead of subsistence in kind was not thereafter entitled to the commutation price of a Navy ration prescribed by Revised Statutes, section 1585, notwithstanding that the money paid to him was not the commutation price of the Navy ration prescribed by sections 1580 and 1581, Revised Statutes, but was the actual cost of an inferior ration which during his period of service was issued to the corps., (Jaegle v. U. S., 28 Ct. Cls. 133.)

1

Commutation is not necessarily equal to the value of the thing for which it is a substitute, but is supposed to be in the general average of cases a fair equivalent. (Jaegle v. U. S., 28 Ct. Cls. 133.)

The principle which governs the commutation of the rations in lieu of subsistence is that commutation will not be allowed where subsistence in kind is provided by the Government. (Jaegle v. U. S., 28 Ct. Cls. 133.)

Rations of officers: An officer of the Marine Corps attached to a seagoing vessel is not entitled to the ration allowed by Revised Statutes, section 1578, to a naval officer so attached. Such an officer is, by section 1612, subjected to the provisions of section 1269. Commissioned officers of the Army are not allowed rations, although they are allowed to the noncommissioned officers and enlisted men by section 1293. (Reid v. U. S., 18 Ct. Cls. 625.)

Subsistence of enlisted men: The expenses necessarily growing out of the transportation and subsistence of marines detailed for the Navy Department's exhibit at the World's Columbian Exposition may be paid from the fund provided for the Marine Corps and its subsistence. (20 Op. Atty. Gen. 577.)

STATEMENT OF HON. DWIGHT F. DAVIS, SECRETARY OF WAR

Secretary DAVIS. Mr. Chairman, I have not had an opportunity to read this particular bill, but I understand, from your statement, it is the same as the Navy ration.

Mr. JAMES. It is exactly the same.

Secretary DAVIS. The Quartermaster General, of course, can give you the details in regard to the ration and I suppose you want from me just a general statement about the importance of it.

I think the question of the proper amount, quality and kind of food that men get is of vital importance in any line of activity and particularly so in the military service, as is also the question as to whether the men in the Army are getting the same ration, comparatively, as the men in the other armed services.

The ration, as you know, at the present time, in the 1928 Budget, is based on the figure of 35.74 cents, and the actual cost of the ration during the last fiscal year was 36.12 cents. That is too small, I think, as shown by the fact that in practically every case I know of where any funds are available, company funds or post exchange funds, or anything of that sort, they are actually being used and have been used for years in supplementing the ration. It does not seem to me that is a fair proposition. In other words, the profits of these post exchanges and similar funds are really taken from the men themselves and, if those profits are put back into the feeding of the men, they are actually paying a certain part of their own food cost.

The fact that we have a very low ration has a bad effect on the morale, generally, I think; it naturally would have that effect. It is inefficient, because the company officers, the men who are directly in charge of feeding the men, have to devote a great deal of their time and a great deal of their ingenuity in trying to piece out the ration and do everything they possibly can to make the ration as good as it can be made under the circumstances, and I know, from my own personal experience as a company officer, it does take a good deal of your time, thought, and energy that perhaps should be devoted to other things.

The situation is unfortunate in having a different ration for the Army than for the Navy and Marine Corps, because, of course, in a great many cases, at least two of the services and sometimes three of the services are quartered very close to one another and in that way the soldier feels he is discriminated against if he sees the men in the other service getting a very much better ration than he has.

I think the Navy ration is something like 55 cents and the Marine Corps is perhaps slightly less-54 and something, I think. The influence of that difference is, of course, very bad for the morale of the soldier, because he feels he is not getting as good treatment as the sailor or the marine.

I believe it is a very important question and am very glad your committee has taken it up. The Quartermaster General and the Chief of Staff are here if you want to ask any questions about the details.

Mr. QUIN. Mr. Secretary, you will back this up, if this committee reports this bill out? Your department backs up this bill, I understand, and we can say that on the floor of the House?

Secretary DAVIS. We believe the ration should be increased; I do not think there is any question about it.

Mr. HILL of Maryland. Have you any figures available for the cost of the ration for the 10 years from 1916 to 1926?

Secretary DAVIS. The Quartermaster General could get those up for you, if he has not got them. I have not got them myself.

Mr. HILL of Maryland. If they have them here, I would like them read into the record right at this point. As I understand it, the cost of the ration has not been increased since 1916 and, although the price of food has gone up at least twice as much, the amount for rations exists now as it existed during the Border Service in 1916. Could you read those figures to us, General?

General CHEATHAM. The components of the ration have not been increased since 1908. Beginning with 1916-is that when you would like to hear it?

Mr. HILL of Maryland. The components of the ration have been the same since 1908!

General CHEATHAM. Since 1908.

Mr. HILL of Maryland. And do you have the annual costs of those rations-you do not need to read the components.

General CHEATHAM. We have them right here; I can put them in if you like.

Mr. HILL of Maryland. I think it would be well to insert the components.

General CHEATHAM. You do not want them read?

Mr. HILL of Maryland. I do not think it is necessary to read those, but just to insert them.

General CHEATHAM. The cost of the ration for the fiscal year 1907 was 15.74 cents. Now I will take it year by year, without reading the year: 1908, 18.66; 1909, 21.05; 1910, 21.44; 1911, 23.35; 1912, 23.78; 1913, 23.41; 1914, 24.39; 1915, 24.95; 1916, 28.01. Now it jumps up, in 1917, to 33.02; 1918, 48.20; 1919, 49.75; 1920, 52.83. In 1921 it drops back to 46.15; 1922, 32.74; 1923, 29.78; 1924, 31.65; 1925, 31.50; and 1926, 36.12.

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