The record-union., 1899-03-28
SAMPSON MAY BE PROMOTED.
LAST CONGRESS UNWITTINGLY
PASSED AN ACT
Which Would Give the President
Authority to Appoint Two Ad-
mirals of the Navy.

NEW YORK, March pa special to
the Herald from Washington says:
Unwittingly Congress, just before its
adjournment, gave President Mckinley
authority to appoint two Admirals of
the navy, instead of limiting the grade
to one, as was undoubtedly intended.
The discovery has just been brought
to the attention of the officials of the
Navy Department, and has aroused
considerable gossip, particularly among
the friends of Rear Admirals Sampson
and Schley.
President Mckinley approved on
March I'd, IAN Act creating the office OF
Admiral of the navy providing that
the President is hereby authorized to
appoint by selection and promotion an
Admiral of the navy, who shall not be
placed upon the retired list, except
upon his own application, and, when
ever such office shall be vacated by
death or otherwise, the office shall
cease to exist"
A certified copy of the Act was pre-
sented ITO Secretary Long by the State
Department, and the former inme-
diately made out the nomination OF
George Dewey to be Admiral. This
nomination was confirmed by the Sen
ate on March I'd.
Notwithstanding the President had
appointed an officer to be IAN Admiral
of the navy" as provided for in the ACT,
Congress also passed one navy appro-
priation bill, which was approved late
ON the legislative day of March Sd, con-
tanning al provision identical in IAN
guage with the Act under which Ad-
miral Dewey had been appointed ana
confirmed.
It has been poinred out that the pro-
vision, like the Act, provided for the ap-
pointment of an officer to be an Ad-
niral 'by selection and promotion.
Had the Act simply read in both cases,
..by promotion Admiral Dewey. heing
the ranking officer, would have been
appointed, and then Rear Admiral r
Y. McNair might be considered eligible
for appointment as "an Admiral put
as it specifically stated by selection
and promotion" it is apparent that the
President. if he thinks he has sllfti-
cient authority to do so, may select any
officer he may see fit, and as he mas ex-
pressed himself only recently IN terms
of high appreciation of Rear Admlral
Sa.mpson's conduct, friends of the COM
mander of the North Atlantic squadron
are confident that if any one is ap-
nointed he will be the man.
Friends of Rear Admiral Schley
would naturally like to have the honor
conferred upon him, but. approaching
the temper of the Administrator
toward him, they do not look for II.
They say also that an Interpretation OIL
the Act by al judicial officer of the Gov
ernment will show conclusively tnat
Congress intended that only one Ad-
miral should be appointed. This IS the
view taken by Secretary Long, put IL is
not doubted that the matter VIII pe
brought to the attention of he Presi-
dent.
WASHINGTON, March 27.-Although
a forced construction of the legislation
of Congress might seem to authorize
the President to appoint an Admiral OF
the navy in addition to Admiral Dewey,
IT is said at the Navy Department that
there is no intention of doing so, as 1T
is perfectly clear that the intention Of
Congress was simply to provide for the
advancement of Admiral Dewey to that
grade.