The times., 1899-07-07
NO GLORY PAY FOR SAMPSON.
Effect of the sennte's Refusal 10
Confirm His Appointments.

Eject of the sennte's Refusal 10
Confirm His Appointments.
The Assistant Comptroller OF the Treas
ury has written the following letter to
Arthur Burtis Pay Inspector OF the Navy.
in regard to the question OF increased pay
for Rear Admiral Sampson. because Of his
ADVANCEMENT in grade last August:
'-sir: I have your letter OF April 10.
1899, enclosing a copy OF your letter 10
the Auditor and his reply thereto relating
to the rate OF pay of Rear Admiral William
T. Sampson, u 5. Navy. from August s.
1898, which you state to be the date when
he was commissioned rear admiral. to
March 4. 1899. date when Congress ad-
journed. You stated no further facts con-
nected with his advancement and it, there
lore. became necessary to refer your COM
munication to the Bureau OF Navigation.
| Navy Department. for the Information
necessary to enable me to answer your
question. The Bureau of Navigation. under
date of May 9. 1899. reported:
| Rear Admiral William T. simpson was advsnSesi
| elght numbers and appointed a rear admiral in
! the Navy for eminent and conspicuous conduct in
| battle under the provisions of section 1905 Of
! the Revised Statutes. from the 10th s!av OF
! August, 1s'ls. and ad interim commission was
4 issued to him from that date. This advancement
\ the Senate failed 10 confirm prior to adjourn
ment.
Section 1906. Revised Statutes, as
amended by the act of June IL. 1875. reads
as follows:
Any officer Of the Navy may. by and with the
I advice and consent Of the Senate, be advanced.
not exceeding thirty numbers in rank. for eminent
and conspicuous conduct in battle extrlOFdin-
ary heroisrn: and the rank Of officers shall not
be changed except in accordance with the provi-
siOEs Of existing law, and by and with the advice
| and consent Of the Senate.
Section 2. Article II, of the Constitu-
tion OF the United States provides:
The President shall have power to fill all
vacancies that may happen during the recess OF
the Senate. by granting commissions which shall
expire at the end OF their next session.
Section 17s1, Revised Statutes. pro-
vides:
No money shall be paid from the Treasury. as
| salary. to any person appointed during the
cess OF the Senate to fill vacancy in any exist
! ing office. if the vacancy existed while the SEN
| ate was in session and was by law required TO
| be filed by and with the advice and consent OF
| the eSnate. until such appointee has been con
| frmed by the Senate.
''The advancement in numbers authori=-
| ed by section 1906 Revised Statutes. does
not create a vacancy within the meaning
/ of the Constitution, from the time when
/ the President decides TO recommend such
advaneement.t nor is any vacancy created
| prior to the date when the Senate con-
ours in the Presidents recommendation.
| II is not simply the filling of an office; IL
is adjudication. not by the President alons.
but by the President and Senate. upon the
| question OF whether the acts of her0iSm
| constitute sufficient ground for advance
mert and until such combined action is
| had, no advancement takes pace. ard no
vacancy exists to be filled.
'In the case of Young VS.. United States
| Q9 C. els. r.. 145). an officer was advanced
pursuant to section 1906. and, the Senate
consenting thereto. he was commissioned
| in his advanced grade to rank from the
| date of the acts of heroism for which he
was advanced. He was not allowed pay
| from said latter date to the actual date OF
| his commission. nor to count such time
as service in his advanced grade so as to
1 increase his pay therein. There was no
| ad interim appointment. To allow Ad-
niiral Sampson the increased pay Of
rear admiral during this period ii would
\ be necessary to hold that the President
| alone. by an ad interim appointment. could
| grant an increase of pay for a period
which. according to this decision could
! not be done by the President with the con-
| ourrence of the Senate, where a commits
I sion issued after the action OF the Senate
| The President and Senate together con-
! stitute forum to pass upon questions Of
/ advancement in numbers under this section
| of the Revised Statutes, as indicated by the
Attorney-General in his opinion above
| cited.
Il am of opinion. therefore. and so de-
eide, that as the Senate did not consent
| to the advancement of Rear Admiral
| Sampson, no authority exists for paying
| him as rear admiral from the date when
he was commissioned as such for eminent
| and conspicuous conduct in battle to the
| adjournment of the session of the Senate
| at which such advancement was proposed
Very respectfully yours.
l. p. MITCHELL,
Acting Comptroller"
Sampson became rear admiral through
the operation OF the Naval Personnel bill.
which abolished the grade of commodore,
thus advancing all officers of that rank to
the next higher one-that of rear ad-
n.iral