National Republican., 1873-04-01
loFFICIAL.l
TREAsURY DEPARTMENT,
SECOND COMrTROLLER's OFTICK,

lhkAhlhl DlpAhThTETy
SECOND CoMrTEoLLEH's oIIICK,
Circular, ls7a D,pay'Hs"f No. ~ Sscosd GS~pt,Oi
SIR: The act OF Congress making appropria-
tlons for the naval service for the year ending
June 80, 1874, and for other purposes, approved
March ., 1873, makes new provision OF pay for
Officers on the retired list "NhO have been or
may be hereafter retired, after forty years ser
vice, or on attaining the age OF slNty-two years,
IN conformity with section |, act OF December,
1861, l2 stat, 329,) and Its amendments, dated
June %, 1854 us stat, 1881 or those who were
or may be retired from lncapacity resulting from
long and faithful service, III ON wounds or Inju-
ries received 10 the line Of duty, from sickness
or exposure therein" giving them, in lieu Of the
pay provided by the act Of July 10, 1870, tseyen-
ty-nve per centnm OF the present Rea 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 he Senate Naval Committee, ] am OF the
opinion that the proper Interpretation OF the
law VIII give to each Olllcer TO be benefited by
the act, seyenty-nye per centum Of the sea pay
now. authorized to the grade Qf a stan oiIice1
or TO the rank " q line OliceD which he held at
the time OF retirement.
For example, paymaster retired during his
1rst 1--WE years OF service as paymaster, would
be entitled to seyenty-iye per Centum OF the sea
pay OF paymasteT IN his first i've years ser
vice; aud 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,
whether or not retired oflcer Of the stan Is en-
titled to pay on the retired list according to his
relative rank, II Is 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 llat gives them seyerally the
pay as paymasters or surgeons simply, and not
as captains or commanders, and the same Nh
ciple should govern payments to these Ofittrs
on the retired list.
IL Is evident that the words "grade" or frank"
In the act OF March ., 1873, were Intended TO ap-
ply 70 0nlcers who were paid according to grade,
"a well as rank, on the active list.
As TO the date from which the provisions of
the act relating TO the employment OF retired
OfiiCers on the active list, and TO the increased
pay Of promoted Officer, are TO be considered
rs In force, have to say that, In my opinion, the
date the act was approved (MaTch ., 1879 Is the
date on which these provisions take effect.
Amy Officer, 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 TO 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
uniform; that where provisions Of general ma
ture 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 VI time an OliceT Is borne on the retired
list affects his pay. 1t does not. An Increase
depending on. length Of service inuTes only To
OficeTs on the active list After retirement an
Oi1cer's pay Is not modified by time, or by his
promotion In rank or grade.
Very respectfully your Obcdent servant,
j. NJ. BRODnEAD, Comptroller.
GOO. NJ. RoBEsOS, Secretary Of the Nsyy.