Evening star., 1899-03-10
NAVY DEPARTMENT,

| and docks and construction and repair.
| The following is the text of the Secretary 5
| letter:
NAVY DEPARTMENT,
WASHINGTON, March Q, 1899.
| Sir: The department is in receipt of your
| communication of the 7th instant, in which
you state that the bureau, having prepared
| for signature letters to the officers hold
| ing the offices of chiefs of the various bu-
| reaus of the Navy Department, in which
letters those officers We're addressed by the
title of rear admiral. now believes that in
the cases of the chiefs of the bureau of
supplies and accounts, medicine and surg
cry. yards and docks, and construction and
| repair, it was in error in so doing" and re-
quests a decision in the matter.
Section of the "act to reorganie and in
crease the efficiency OF the personnel of the
Navy and Marine Corps of the United
States. approved March 3, 1899, contains
the Following provision:
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
allowances as are now allowed a brigadier
general in the army "
And provided further, That all sections
of the Revised Statutes which in defining
| the rank of officers or positions in the navy
contain the words, the relative rank of >
are hereby amended so as to read the rank
OIL but ofncers whose rank is defined
SNAIL not be entitled, in virtue of their rank
to command in the line in other staff
corps. Neither shall this act be construed
as changing the titles of officers in the staff
corps of the navy
1t is noted at the outset that the first of
the clauses above quoted confers upon
cnlels OF bureau not the relative rank of
right of precedence or any or all of the
privileges of the rank of rear admiral but
| IN plain and unqualified terms the rank of
rear admiral; and the question of the
bureau Is understood to be whether or not
| they should be addressed.
The question presented is not altogether
new. A few cases in which special rank
| has been conferred upon certain officers
| either permanently or during the perform
ance By them of special duties, are the fol-
| lowing:
Section 1851 of the Revised Statutes pro-
Vides that the commandment of the Marine
Corps shall have the rank and pay of a
colonel; and section 1902 reads: THE ad-
jutant and inspector, the paymaster and
the quartermaster shall have the rank of
major. each assistant quartermaster shall
have the rank of captain" officers ap-
pointed in pursuance of these acts have
uniformly been addressed by the titles re-
spectvely, thereby conferred, although
some of them staff officers.
Section 1l4S of the Revised Statutes as
amended by the act of July 5, 1881 C,3 Stat.
L., p. 1l3D, provides that the judge advocate
generals department of the army shall
consist of one judge advocate general with
the rank of a brgadicr general:
one assistant judge advocate general with
the rank of a colonel" etc. These
officers officially addressed by the titles
corresponding. respectively, to the rank
thus conferred.
The appropriation act of March 2, 1S7:;:
1i Stat. L.. p. 800, provides that the Off
Ger in charge of the public buildings and
grounds shall have the rank of a
colonel" The officer filling this position is
officially addressed as colonel.
The meaning of the word relative as
used in the statutes in connection with the
word rank was considered by the At
torney General, in an opinion rendered
January 8, 1880 16 Opinions. 49,. in the
course of which the following language was
used
IN January, 1871, bill was passed by
the House of Representatives which gave
to each staff officer definite absolute
rank, the phrase used in regard to the Off
Ger iii question being thirteen pay-inspect-
ors. who shall have the rank of command
err This bill was the subject of much dis
cussion, and in the Senate ii was amended,
and finally passed both houses of Congress
in form which gave to the officers Of the
staff relative rank, the phrase used in re-
gard to the officer whose case we ara con-
siGering being thirteen pay-inspectOrs who
shall have the relative rank of commander
This statute is embodied in the section of
the Revised Statutes which are CON
sidering. 1t is impossible to conceive why
this change was made if Congress, when il
finally passed the bill, did not suppose that
the relative rank of commander was
something different from the rank grade
of commander"
In the clause comforting the rank of rear
admiral upon chiefs of bureau, the word
''relativa" is not used, nor is any other
term employed to indicate that anything
different from the rank of rear admiral
was intended to be conferred bv Congress
The act creating the office of judge advo-
cate general Of the navy (21 Stats, D. l64}
cCnfars upon that officer the rank ." = of
captain in the navy, a colonel in the
Marine Corps, as the case may be- Con-
pc nlIrt Of Nlei ir,S
held that captain in the Marine Corps
serving as judge advocate general, held
actual rank as a colonel of the Marine
Corps: not assimilated rank; his rank was
States, 33 c., p. 2lS-222) In the same de-
cisiGn the couIt adds:
The plaintiff t2l Stat. L., p. 16D was
appointed for four years Judge advocate
general of the navy, with the rank, LAY
and allowance of colonel in the Ma
rine Corps When he was retired, he was in
law and fact colonel in the Marine Corps
The further fact that this commission was
limited as to time does not change tie
other fact that at the momert of retire
ment he was a colonel. Section 1854 CRev
Stat) provides that he must be retired
upon the actual rank held by them (hfm
at the date of retirement Actual rank is
the test, test mad evidently to exclude
assilni.ated rank a measure of paw Re
mey's rank as judge advocate general and
colonel was not an assimilated rank, but
actual rank
Section 1471 of the Revised Statute IS
edition 1873 provides as follows:
THE chiefs of the bureau of medicine and
surgery, provisions and clothing, steam en-
glneering and construction and repair shall
have the relative rank of commodore while
holding said position, and shall have. re-
spectively, the title of surgeon general
paymaster general, engineer-in- chief and
chief constructor
In so far as the provisions of this section
are repugnant to those of the act of March
3, 1899, the former are of course repealed
but 1t would seem that there Is nothing in
the law or IN naval usage which forbids the
theory that the designation of surgeon gen