Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-04-29

| reorganization of the navy, and Is as fol-
! lows, being directed to the Secretary or
| the Navy:
! Pay of Certain Rear Admirals.
| have by your reference letters of March
| ID and April 25 from L. Hunt, paymaster.
| U. s. navy, and also your communications
| of March p and April /, 1899, submitting
for my decision certain questions arising
under the act of Congress entitled An act
| to organize and increase the efficiency or
| the personnel of the navy and marine
| corps of the United States,' approved
| March 3, 1899 public No. I'D.
| One of the questions presented is:
| What rate of pay applies between March
and June 80, 1899, to the cases of Rear
| Admrals Fred Rodgers and F. J. Higgin-
! son, U. S. navy, and also what rate of pay
! applies to the case of Rear Admiral W. s..
| Schley between the same dates7'
| BY reference to the Navy Register Of jan
| nary l. 1899, 1t appears that Rear Admirais
Rodgers and Higginson were on that date
| commodores on the active list and it is
| assumed, for the purposes of this decision,
| that they were holding said offices at the
GATE OF the approval of said act. and that
| they have each been promoted in pursu-
| ance of said act to the grade of rear adj
| miral of the nine lower numbers.
Section of said act, so far as the same Is
| applicable to the question presented In the
cases OF Rear Admirals Rodgers and Hig-
! ginson, provides:
| That the active list of the line of the
| navy as constituted by section of this act
| snail be composed of eighteen rear ad-
mirals. Provided, that each rear
admirai embraced In the nine lower num-
bers Of that grade shall receive the same
| pay and allowances as are now allowed
| brtgadier general in the army"
| There is no question but that the above
| proVlso, hiking the pay of each rear admiral
embraced in the nine lower numbers of that
| grade, took effect Immediately if it is not
| controlled by section 10 of said act, which
| provides:
| That, after June 80 1899 commissioned
| of11cers 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 pur-
suance of law for the officers of corre-
| spending rank in the army: Provided, that
such Officers when on shore shall receive
the allowances, but - per centum less pay
tnan When on sea duty; but this provision
snail not apply to warrant officers commits
| stoned under section II of this act"
Section l. 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 of
that grade should receive the same nav and
allowances of a brigadier general in the
army, whose rank in the army corresponds
| to the rank of commodore in the navy
Inc other rear admirals are entitled after
June ~, 1899 under section 13 of the act to
the pay and allowances, except forage Of
a major general of the army, an officer cor
responding in rank with a rear admiral
Section provides for additional promotions
TO the grade of rear admiral, and necessi-
tated proviso fixing the pay of each rear
admiral in the nine lower numbers of that
grade. If their pay was to be fixed at a
different rate from the pay of the other
rear admirals. | am of opinion and so de-
eide. 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 allowances as are now
allowed brigader general in the army
took effect with said section I. of which II
formed part, Immediately upon the an
provo! OF said act, and that they should
be paid in all respects from March 3 1899
to July l, 1899, the same rate of nav and
allowance to which they will be entitled
| on and after July 1, 1899, and with 10 per
cent less pay when on shore than when on
| sea duty.
1 am also Of opinion, and so decide that
from March B, 1889. to July /, 1899, said
| allowances should be paid from approprla-
tlon ray, miscellaneous" and that from
| the beginning of the next fiscal year such
allowances should be paid from the Pay
| of the navy
stands, as you state, number eight in the
INST or rear admirals, he is entitled and
should receive the pay of a rear admiral
under the law as it existed before the mas
| sage of said act until June 30. 1899 when
| the new rate of pay takes effect
Pay of Chief of Bureau.
In the case Of Rear Admiral Charles
O'Neil. United States navy, chief Of the bu-
reau OF ordnance. Navy Department the
question asked is. When do the paw and
allowance of said ONeiI as such chief of
bureau begin under said act of March 3
1879, and If such pay and allowance under
said act begin before July /. 1899 from
what appropriation should the allowance
be paid? 1t is Understood that at the date
OF the approval of said act q Neil was chief
OF the bureau of ordnance, with the rank
Of captain, but holding the relative rank
and drawing the pay of the grade of com
modore. by virtue of sections l472 and 1861
Revised Statutes
The second proviso of said section is as
follows:
Provided, That when the office of chief
of bureau is filled by an officer below the
rank of rear admiral, said officer shall
while holding said office, have the rank of
rear admiral and receive the same pay and
allowance as are now allowed a brisadier
general in the army"
The second proviso of section is, In my
opinion, In the same situation as the first
prOviSo in said section, ana am of opniop
and so decide. that said second proviso took
effect and went into force from the date
of the approval Of said act, and that said
" wen, from march 3, 1888, While holding
the office of chief of bureau, should receive
the same pay and allowance as are how
allowed a brigadier general in the army
subject to the 10 per cent reduction pro
vided in section ID for officers of the line
and medical and pay corps of the navy
when on shore, and that from March 5.
1893, to July 1, 1899, said allowance should
be paid from Pay, miscellaneous. and
that from the beginning of the next fiscal
year such allowance should be paid from
the Pay of the navy"
It is to be noted, however that the pay
of Rear Admiral O'Neil should not be re-
duced for shore service below the amount
ne was receiving as chief of bureau al the
time of the passage of the act, because of
the provision in said sec tiion ID, as follows:
Provided, That no provision of this act
shall operate to reduce the present pay of
any commissioned officer now In the navy;
and in any case in which the pay of such an
officer would otherwise be reduced he shall
continue to receive pay according to exist
ing law"
I am of opinion, however, that the above
proyiso is personal and applies only to com
mssioned officers in the navy at the time of
the approval of said act, and does not apply