The evening times., 1899-04-29

voluntary retirement, captain OF the line
is retired with the ranks and three
fourths the sea pay Of the. next. higher
grade existing at the time Of the passage:
of the act including the grade Of commo-
dore BY section 9, providing for invol-
untary retirement, captain OF the line is
retired with the rank and three-fourths
the sea pay Of the next higher grade, In
cluding the grade Of commodore. which Is
retained on the retired list for this pur-
pose. Section and provide that Tor
the purposes Of retirement under said sec
tions, the grade Of commodore shall be
retained, but there is no such provision in
section IL.
1T Is to be observed that by section z
of said act there were constituted, for pay
purposes, two grades Of pay for oihcers IN
the grade Of rear admiral. am OF opin-
ion, and SO decide. that said section II took
effect from the date Of the approval OF the
act March 8. 1899. and that stan omcer
with the rank Of captain on the active list,
should be retired under said section upon
three -fourths the sea pay OF rear ad-
miral embraced in the nine lower numbers.
or three-fourths the pay Of brigadier
| general.
THE question Is also asked, Are the fol-
] lowing words in section IL OF said ACT,
| Provided, That the chief boatswains. ch1eI
| gunners. chief carpenters. and chlei SAIL
| makers shall on promotion have the same
| pay and allowances as are now allowed q
| second lieutenant in che Marine Corps,
| to be construed as operative in the pfesent
fiscal wear. and, IL so, Is the chief 1poat-
| swain. ETC., who may have origina'y en-
| tered the naval service as an enlisted man.
| to be calculated as regards longevity on
! the basis of his first entry into the service 9
or on the basis Of his first appointment!
This section is the one providing
| commissioned grade for warrant officers.
| and liz as follows: That boatswains, gun
ners carpenters. and sailmakers snail ait
| er ten wears from date of warrant be COM
missioned chief boatswains, chief gunners.
! chief carpenters, and chief sailmakers 10
rank with but after ensign: PROVIDED, Inat
| the chief boatswains. chief gunners, ehiel
| carpenters, and chief sailmakers shall on
promotion. have the same pay and allow
! ances as are now allowed a second lieuten-
ant in the Marine Corps: Provided, That
| the pay of boatswains, gunners. carpen-
| ters and sailmakers, shall be the same as
! that now allowed by law; Provided further,
+. That nothing in this act shall give addi-
F, tional rights to quarters on board ship or
! to command, and that Immediately after
| the passage Of this act boatswains, gun
| ners, carpenters. and sailmakers. who have
served in the navy as such for fifteen years.
shall be commissioned in accordance with
the provisions of this section. and there
after no warrant officer shall be promoted
until he shall have passed an examination
| before a board of chief boatswains. chief
gunners. chief carpenters. and chief sail
. makers, in accordance with regulations
prescribed by the Secretary Of the Navy
II am of opinion. and so decide, that the
provisions of this section with regard 10
| pay go into effect on the date OF the ap-
! proval of the act and become operative
! from the passage 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
. fiscal year. and that for the purpose OF
! calculating their pay in the new grades the
! time Of service should be computed in the
| same manner as the service OF second
! lieutenant in the Marine Corps is COM
! puted, and would include service as an en-
| listed man. (Section 1912. Revised Stat
| utes, and act Of June 80. 1882, % Stat,
! 1I7) For the purpose OF estimating their
time of service to entitle them to be pro-
NOTED under the provisions Of this section
only the service in the grade OF warrant
| officer can be counted as stated in the act.
THE papers transmitted are herewith
returned. Respectfully yours.
| IL. P. MITCHELL,
Assistant Comptroller"