Oliver Wendell Holmes, Jr.

“ It is argued that the words 'except by way of punishment for an offense' exclude the implication of other exceptions to the rule. Some force was attributed also to the amendment to the Revised Statutes, which substituted for 'honorably discharged from the service' the present words 'discharged from the service, except by way of punishment for an offense.' The change, however, is merely a recurrence to the language of the earlier statutes under which the practice of the War Department grew up, so that no particular weight can be given to that. ”

“ Stat. 1901, p. 917) , when the Secretary of War, in the exercise of his discretion, has directed the discharge 'of any enlisted men . . . and the orders . . . stated that such enlisted men were entitled to travel pay,' such order is to be sufficient authority for payment of the allowances under § 1290 (U.S.C.omp. Stat. 1901, p. 916) . This recognizes that it is usual to state in the order whether the soldier is entitled to travel pay or not, and seems to accept existing practices as they are. ”

“ It is admitted that the settled practice of the War Department and of the Treasury has been to deny the allowances claimed when an officer or soldier is discharged at his own request, for his own pleasure or convenience. ”