National Republican., 1873-04-02
IOFFICIAL.l
THEAsURY DEpARTMKST,, II,
kICOSD COMPTnOLLER'H OTFICE. Y

IL
sLcoSD coMrrH9LLER'sO OTrIcE,
CiregIr Is7a, Department No. y, Second cSnp,,o,
sIR:. The act Of Congress making appropria-
lions Tor the naval service for the year ending
June 30, 1874, and for other purposes, approved
March 8, 1878, makes a new provision OF pay for
offlcers on the retired list "whO have been or
may Pe % hereafter retired aftsr forty years ser
IN conformity with section |. act OF December,
1861, Q2 stat, s29,) and Its amendments, dated
June %, 1854, as Stat, 1857 or those who were
or may be retired from incapacity resulting from
long and faithful service, nom wounds or inJu-
ries received In the line Of duty, from sickness
or exposure therein" giving them, In lieu OF the
ty-nye per centum Of the present sea pay Of the
grade or rank which they held at the time Of
their retirement"
After a careful consideration OF the foregoing
provisions, and consultation with the chairman
OF the Senate Naval Committee, am of the
opinion that the proper Interpretation OF the
law will give TO each Officer to be benefited by
the act, seyenty-nye per centum Of the sea pay
now authorized to the grade u q staT Of1cef
or to the rank u a line office) which he held al
the time OF retirement.
For example, a paymaster retired during his
nrst nye years Of service as a paymasteT, would
be entitled to seyenty-fiye per centum Of the sea
pay OF paymAster In his nrst nye years ser
vice; and the same rule would, OF course, apply
to all officers whose pay Is affected by length Of
service.
In regard to the question referred to this ONCE,
NHtlntT VT not u OnlCtT VI hthH II en-
titled to pay on the retired list according to hts
relative rank, II Ia my opinion that the rank, be-
Ing only relative, does not carry pay.
The law providing pay for paymasters and sur
geOns on the active list gives them seyerally the
pay as paymastefs or surgeons simply, and not
as CAPTAINS or commanders, and the same prin-
clple shohl1 govern payments to these officers
on the retired list.
II ls evident that the words grade" or frank"
IN the act OF March 8, 1873, were intended TO ap-
ply TO ofilcers who were paid according TO grade,
as wen as rank, on the active list.
As 10 the date from which the provisions OF
the act relating to the employment OF retired
onicers on the active list, and to the increased
pay Of promoted Ofiicer, are to be considered
as In force, have to say that, in my opinion, the
date the act was approved March 3, 1879 Is the
date on which these provisions taEe effect.
Any ofilcer, however, on the retired list who,
at the date OF the act, was on duty under orders
from the Navy Department, will be entitled TO
his duty pay until relieved, up TO any period
previous 10 the LIST Of July next; the prohibition
In the proyiso applying only to putting them on
duty after the date Of the act.
! md, upon a careful examination OF this sub
lect, that the decisions and rulings have been
Uniform; that where provisions OF general ma
iure have been included In appropriation acts
they have been construed as binding from the
date OF the approval OF the acts.
The question has been presented whether the
length Of time an OffiCer Is borne on the retired
list Affects his pay. It does not, An increase
depending on length OF service lnufes only 10
Jncer's pay Is not modified by time, or by his
In rank or grade.
Very respectfully, your obedlent servant,
j. N, BRODHEAD, Comptroller.
Goo, NJ. robson, secretary,of the Navy.