The evening times., 1899-04-29
Legal OPINION OF
new NAVAL RULES
Construction Placed Upon the
Recent Personnel Law.
Rates of Pay in Effect When the
Statute Passed.
Decision From the Office of the
Comptroller of the Treasury Re-
garding Rank and Emoluments.

garding Rank and Emoluments.
Hon. L. P. Mitchell, Assistant Comptrol-
Ter of the Treasury, made public today the
decision of that bureau of the Government
service, constituting the Navy Personnel
bill passed in the last session of Congress.
Following is the full text of the decision:
Treasury Department,
"Ofice of Comptroller of the Treasury,
Washington, ID. c., April 20, 1899.
THE Honorable the Secretary OF the
Navy:
sir: / have by your reference, letters
of March 13 and April % from l.. Hunt.
Paymaster u S. N, and also your COM
mupications of March 81 and April /, 1899,
submitting for my decision certain ques-
tions arising under the act of Congress en-
titled An act to organize and increase the
efficiency of the personnel Of the Navy and
Marine Corps OF the United States, ap-
proved March g. 1899 public No. 117)
One of the questions presented is:
What rate of pay applies between March
and June 80, 1899, to the cases OF Rear
Admirals Fred Rodgers and +. J. Higgin-
son, u. S. NJ, and also what rate OF pay
applies to the case of Rear Admiral w. 5.
Schley, between the same dates?
by reference to the Navy Register
of January l, 1899 it appears that Rear
Aomirals Rodgers and Higginson were on
that date commodores on the active nst,
and it is assumed. for the purposes OF THIS
decision, that they were holding said Of
fees at the date of the approval OF said
act, and that they have each been pro-
NOTED In pursuance OF said act TO the
grade of rear admiral of the nine lower
numbers.
Section of said act, SO far as the same
is applicable to the question pres septed in
the cases of Rear Admirals Rodgers and
Higginson, provides: That the active list
of the line of the navy as constituted by
section ] Of this act shall be composed OF
eighteen admirals. Provided,
That each rear admiral embraced In tie
nine lower numbers of that grade shall
receive the same pay and allowances as
are now allowed brigadier general in the
army
There is no question but that the above
proviso, fixing the pay of each read admf-
raj embraced in the nine lower numbers of
that grade, took effect Immediately, If 1t
is not controlled by section 13 OF said act,
which provides:
That. after June 80. 1899, commissioned
officers of the line Of the navy and of the
medical and pay corps shall receive the
same pay and allowances. except forage,
as are or may be provided by or In pursu-
ance of law for the officers of correspond
ing rank In the army: Provided, that such
officers when on shore shall receive the al
lowances, but fifteen per centcm less pay
than when on sea duty; but this provision
shall not apply to warrant officers commits
stoned under section IL of this act.
Section T. defining the active list of the
line under the new law, omits the grade OF
commodore the grade between that OF
captain and rear admiral, thereby abolish
ing the grade of commodore of the active
list. Additional vacancies were, therefore
created in the grade of rear admiral for
the officers who were in the grade of COM
modore before the passage of the act, and
1t was provided in said section that each
rear admiral in the nine lower numbers oi
that grade should receive the same pay
and allowance of a brigadier general in
the army whose rank in the army corre-
spends to the rank of commodore in the
navy.
The other rear admirals are entitled
after June 80. 1899. under section - of the
act, to the pay and allowances, except for
age, of major general Of the army, an Of
ficer corresponding in rank with rear
admiral. Section I provides for additional
promotions to the grade of rear admiral
and necessitated proyiso fixing the pay
of each rear admiral in the nine lower
numbers of that grade. If their pay was &c
be fixed at a different rate from the pay
of the other rear admirals. l am of opn-
ion, and SO decide that the proviso of said
section. that each rear admiral embraced
in the nine lower numbers of that grade
shall receive the same pay and allowance
as are now allowed a brigadier general in
the army, took effect with said section T.
of which 1t formed part, Immediately up
on the approval of said act. and that they
should be paid In all respects from March
3. 1899, to July /, 1889. the same rate OF
pay and allowance to which they will be
entitled on and after July l. 1893, and with
Is per cent less pay when on shore than
when on sea duty.
i am also Of opinion, and SO decide
that from March 3. 1899 to July /, 1899
said allowances should be paid from ap-
preparation pay, miscellaneous, and that
from the beginning of the next fiscal year
such allowances should be paid from the
pay of the navy
'1n the case of Rear Admiral Schley
who stands, as you state, number eight
in the list of rear admirals. he is entitled
and should receive the pay OF rear ad-
miral, under the law as 1t existed before
the passage of said act, until after June 30
1899, when the new rate of pay takes ef-
feet.
In the case of Rear Admiral Charles