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struction for the Act approved June 27, 1890.

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This language in the Committee Report, however, can not prevail against the clear language of the Joint Resolution itself. This conclusion is comfirmed by subsequent pension legislation. It has been shown that in the Acts of February 6, 1907, and May 11, 1912, supra, it was deemed necessary to make specific provision for those persons benefiting under the Joint Resolution of 1895 in order to include the members of the Provisional Missouri Militia in the benefits of the later Acts.

I therefore conclude that Congress has not declared by legislative enactment that the service of the Provisional Enrolled Missouri Militia was in the Army of the United States for pension purposes.

The second matter for inquiry is whether the 9th Provisional Enrolled Missouri Militia was actually inducted into the Federal military service.

It is well settled that the word "served," as used in statutes relating to the military system applies only to those persons who have actually been mustered into the service. Attorney General Knox in 24 Op. 651, 660, in considering the question as to "What is necessary to induct militia into the service of the United States under a call by the President" referred to a regulation of the War Department in effect during the Civil War which provided as follows:

"1580. Before militia are received in the service of the United States, they shall be mustered by an inspector-general, or some other officer of the Regular Army, specially designated to muster them."

It was then stated (p. 661) that

"the uniform practice of the War Department, covering a period of more than half a century, has been to regard such militia as not in the actual military service of the United States until the date of muster in, and such practice, in my judgment, is amply supported by the decisions of the Supreme Court, and by the opinions of the Attorneys-General. Houston v. Moore, 5 Wheat. 1; Martin v. Mott, 12 Wheat. 19; Story on the Constitution, sec. 1213; 3 Opin. 530, 691; 10 Opin. 100; 16 Opin. 150, 152; 21 Opin. 130; 23 Opin. 406."

See also 36 Op. 145.)

In order to determine whether the 9th Regiment of the Provisional Enrolled Missouri Militia, of which the claimant was a member, "served" within the meaning of that word in section 1 of the Act of 1926, supra, it is necessary, consequently, to determine whether the organization was ever mustered into the Army of the United States. The War Department, in response to a Senate Resolution passed June 14, 1902, compiled all the data relative to the history of this organization and that of all other classes of Missouri militia, in a letter printed as Senate Document 412, 57th Congress, 1st Session. The history of the Provisional Enrolled Missouri Militia is there stated as follows (pp. 85, 86):

"The members of the Provisional Regiments, Enrolled Missouri Militia, organized under the authority of the Governor of the State on February 3, 1863, were (officers and enlisted men) simply detailed from the regiments of Enrolled Missouri Militia, and their military status was precisely the same as that of the original force. They were Missouri Militia organized under the militia law of the State for State service, were paid by the State, and while on duty under the command of the United States officers were clothed and subsisted by the United States. Like the original force, they served in defense of the State of Missouri and incidentally in defense of the United States

"With the exception of the Sixth and Seventh Regiments, whose muster into the United States service has been referred to, none of the Provisional Regiments of Enrolled Missouri Militia was in the military service of the United States.

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It is further stated (p. 83) that on September 26, 1863, all the militia of the State, whether in the active service or not, were placed by the Governor under the command of General Schofield, Federal Military Commander of the Department of the Missouri.

On considering all the facts relative to its organization and service, with special reference to the fact that this organization was not subject to general orders for duty outside the State, and was never, with the exception of the 6th and 7th Regiments, mustered into the Army of the

United States, it is my conclusion that the service of the 9th Provisional Enrolled Missouri Militia was not in the Army of the United States. It is therefore my opinion that Lewis D. Atkinson's service in the Provisional Enrolled Missouri Militia was not in the Army of the United States within the meaning of section 1 of the Act of July 3, 1926, supra, so as to entitle him to the pension rate provided therein.

Your questions are general in form and apply generally to all persons who served ninety days or more in the Provisional Enrolled Missouri Militia during the Civil War and were honorably discharged therefrom. This opinion must be understood as limited to the case of Lewis D. Atkinson, whose service was in the 9th Provisional Enrolled Missouri Militia, which was one of the regiments which was not mustered into the service of the United States. You have not advised me whether the other members of this militia organization who are in receipt of pensions are similarly situated, and I must therefore refrain from venturing an opinion responsive to your questions except in regard to the facts presented in the case of Lewis D. Atkinson.

Respectfully,

WILLIAM D. MITCHELL.

To the SECRETARY OF THE INTERIOR.

PORTO RICO-LEGALITY OF BOND ISSUE

The proposed issue by the Government of Porto Rico of bonds in the sum of $4,000,000, being authorized by Congress and by Act No. 5 of the Legislature of Porto Rico, approved April 9, 1930, and all of the statutory requirements concerning the issue and sale of these bonds having been complied with, said bonds, when issued in the amount and form proposed, will constitute valid and binding obligations of The People of Porto Rico.

DEPARTMENT OF JUSTICE,
May 24, 1930.

SIR: I have the honor to comply with your request of May 12, 1930, as subsequently amended, for my opinion concerning the validity of a proposed issue of bonds, for the

Government of Porto Rico, of the face value of $4,000,000, in the form and denomination and for the purposes hereinafter indicated.

Section 3 of the Act of Congress approved March 2, 1917, entitled "An Act to provide a civil government for Porto Rico, and for other purposes," as amended by the Act of March 4, 1927 (c. 145, 39 Stat., 951, 953; c. 503, 44 Stat. 1418; U. S. C. Title 48, Sections 741, 745), provides:

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* and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by Porto Rico or any municipal government therein as may be provided by law, and to protect the public credit: Provided, however, That no public indebtedness of Porto Rico and the municipalities of San Juan and Ponce shall be allowed in excess of 10 per centum of the aggregate tax valuation of its property *. In computing the indebtedness of the people of Porto Rico, municipal bonds for the payment of interest and principal of which the good faith of the people of Porto Rico has heretofore been pledged and bonds issued by the people of Porto Rico secured by bonds to an equivalent amount of bonds of municipal corporations or school boards of Porto Rico shall not be counted, but all bonds hereafter issued by any municipality or subdivision for which the good faith of the people of Porto

Rico is pledged shall be counted."

You state that the records of your Department show that the aggregate assessed valuation of real and personal property in Porto Rico on June 30, 1929, amounted to $344,865,104; that on April 10, 1930, there were outstanding bonds of the Government of Porto Rico of the face value of $25,390,000, of which $492,000 is secured by an equal amount of bonds of municipal corporations and school boards and, under the Act of Congress, is not to be counted when ascertaining the total bonded indebtedness which the Government of Porto Rico is authorized to incur; that since the amendatory Act of March 4, 1927, the good faith of the People of Porto Rico has been pledged to the payment of principal and interest on municipal bonds aggregating $1,361,500, which must be added to the foregoing, making a total of $26,259,500 to be considered when issuing

further bonds. Therefore, it is apparent that the proposed issue will not increase the bonded indebtedness of the Government of Porto Rico beyond 10 per cent of the aggregate assessed valuation, the maximum permitted by law.

The proposed issue is authorized by Act No. 5 of the Legislature of Porto Rico, approved April 9, 1930, which recites that it is of an "urgent character," was passed by a vote of more than two-thirds of all the members elected to each house of the Legislature, and therefore became effective immediately after its approval as directed by section 13 thereof, in accordance with section 34 of the Act of Congress of March 2, 1917, supra (U. S. C. Title 48, section 827). Diaz Cintron v. People of Porto Rico, 24 F. (2d) 957, 959.

Section 1 of the said Act of the Legislature provides as follows:

"The Treasurer of Porto Rico is hereby authorized and empowered, with the approval of the Governor of Porto Rico, to issue bonds of The People of Porto Rico up to the sum of four million (4,000,000) dollars, at a rate of interest not to exceed four and one-half (42) per cent. a year."

Section 2 directs that the proceeds of the bond issue be applied to the payment of pending balances (definitely stated) on previous loans, to meet a probable deficit in Insular revenue receipts, and to liquidate obligations contracted on account of transactions of the Insular Government for the fiscal year ending June 30, 1930, any unexpended balance to be covered into the Insular Treasury as a reserve fund available for future emergencies or to refund special funds for transfers made during the fiscal year 1924-1925.

Other sections provide that the bonds shall be issued in ten separate series of $400,000 each, to mature respectively on July 1 of each year, 1931 to 1940 inclusive, and shall be in coupon form of the denomination of $1,000 each, to be dated either January 1 or July 1 of the year of issue; that the interest thereon at the above-stated rate shall be payable semiannually on January 1 and July 1 of each year, both principal and interest to be payable in United States currency; and for the payment thereof the good faith of The People of Porto Rico is irrevocably pledged. A special tax is levied, the proceeds to constitute a fund for the pay

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