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

VI Stdu o"Cera.
| Referring to the retirement of Pay Direc-
| tor Rufus F. Parks. United States navy. on
| the 9th instant, the question is asked
| whether staff officers with the rank OF
relative rank of captain, upon retirement
| under section IL of said act shall be re-
| tired with the rank or relative rank of
commodore or with the rank of rear adj
| miral 1 assume that the question present
| ed has reference to the pay which said
Parks would be entitled to receive upon his
retirement under said section H. and that
| said Parks has creditabe record and that
he served during the civil war. The case
| Of Medical Director George A. Bright pre-
scented in your reference of April p, is
similar in all respects to that of Pay Direc-
| tor Parks and the decision to Pay Di-
rector Parks will cover all questions raised
| in the case of Medical Director Bright. The
question asked is when does said section
| IL become operative as to pay and allow
ances. and with what pay should stan Off
GERS with the rank of captain on the active
| list be retired under said section IL?
By section of said act, providing for
| voluntary retirement. a captain of the line
is retired with the rank and three-fourths
| the sea pay of the next higher grade exist
| ing al the time of the passage of the act.
| including the grade of commodore. By
section 8, providing for involuntary retire
ment, a captain of the line is retired with
| the rank and three-fourths the pay of
| the next higher grade, including the grade
| of commodore, which is retained on the re-
| tired list for this purpose Sections and
provide that for the purposes of retire
ment under said sections the grade of
| commodore shall be retained, but there is
| no such provision in section IL.
1t is to be observed that by section of
said act there were constituted. for pay
purposes two grades Of pay for officers in
| the grade of rear admiral. am of opinion,
and so decide, that said section II took eff
| feet from the date of the approval of the
act, March g. 1899, and that staff officer
| with the rank of captain on the active list
should be retired under said section upon
three-fourths the sea pay OF rear admiral
| embraced in the nine lower numbers, or
| three-fourths the pay of brigadier gen.
eral.
Chief Beatswains and Gunners.
The question is also asked Are the fol-
| lowing words in section II of said act
Provided, that the chiet boatswains chief
gunners, chief carpenters and chief sail
makers shall on promoti ion have the same
pay ard allowances as are now allowed a
second lieutenant in the Marine Corps-to
be construed as operative in the present
fiscal year, and, If so, is the chief boat
swain, etc, who may have originally en-
tered the naval service enlisted man,
to be calculated as regards longevity on
the basis of his first entry into the service,
or on the basis Of his first appointment
This section is the one providing com,
missioned grade for warrant offfcers, ana
is as follows:
That boatswalns, gunners, carpenters
date of warrant, be commissioned chief
bcatswains, chief gunners, chief carpenters
and chief sailmakeTS, to rank with but AFTER
ensign: Provided, That the chief boats
Wains chief gunners, chief carpenters and
chief sailmakers shall, on promotion, have
the same pay and allowances as are nov
allowed a second lieutenant in the Marine
Corps: Provided, That the pay OF boats
Wains, gunners, carpenters and sailmakers
shall be the same as that now allowed by
law: Provided further, That nothing in this
act shall give additional rights to quarters
on board ship to command, and that i'm
mediately after the passage of this act
boatswains, guuners, carpenters and sail
makers who have served in the navy as
such for fifteen years, shall be commission
ed in accordance with the provisions of
this section and thereafter no warrant OFF,
Ger shall be promoted until he shall nave
passed an examination before a board of
penters and chief sailmakers, in accordance
with regulations prescribed by the Secre-
tary of the Navy"
am of opinion, and so decide. that the
provisions of this section with regard to pay
go into effect on the date of the approval
of the act and become operative from the
ge of the act. and that those promoted
in pursuance of said section to the positions
of chief boatswains etc. are entitled to be
paid as such in the present hscal year, and
that for the purpose Of calculating their
pay in the new grades the Tina of service
should be computed in the same manner as
the service of a second lieutenant in the
Marine Corps is computed, and would n
clude service as an enlisted man. tSection
1912, Revised Statutes, and act of June 30,
1852 % Stat, 117) For the purpose of esti-
mating their time of service to entitle them
to be promoted under the provisions of this
section only the service in the grade of
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