The evening times., 1900-06-18
TO KEEP GRADES INTACT.
Retirements From the Navy Not to
he Based on Rank


Captain LemIey. Judge Advocate Gen
eraI. has rendered decision of Importance
to the line of the Navy. IN which he holds
that the number of retirements annually
in each grade is regulated by law which
does not permit selection from the list of
applications in the order of rank.
His opinion is based on the claim pre-
sented to the department that in making up
the vacancies required each year in grades
above that Of junior lieutenant the -higa-
est ranking officer applying for retire
ments should be retired first and the next
in point of seniority and so on down the
entire list Of applications until the nee
essary number CT vacancies had been
made.
Captain Lemley holes. however. that as
the act provided that a specified number
Of vacancies should occur in each grade
each year no more than that number must
be taken from a particular grade. other
wise. he asks. why was this elaborate
specification of a certain number above
each grade so carefully made?
The law particulaTizes certain nUm-
Der Of officers above each grade" says
Captain Lemley. and the only way by
which effect can be given 10 this specific
use Of language is to hold that it provides
not for the retirement CT forty officers. IL
that he the number required all indiscrim-
inately above the grade OF lieutenant. jun
Tor, but OF forty officers selected in GER
tain proportions from each one Of the
grades above that grade In other words
if there be fourteen captains who are ap-
piicants for voluntary retiremt ut. then
thirteen shall be taken in the order OF
their rank. and the fourteenth. being the
junior shall not be taken, but an officer OF
the next lower grade taken instead. The
plain intent Of the bill is that where a
large number OF officers are TO be vOluntA-
rily retired from the Navy they shall not
all be taken from one grade in it, thereby
perhaps undaiy weakening that grade. but
their selection shall be distributed through
several grades. so as TO preserve the rela-
tive character and efficiency OF the whole
naval service. This In no way ignores the
provision that applicants are TO be retired
in the order of their rank. That provision
simply means that ali those retired as cap
tain shall be retired In the order Of their
rank as such. those as commanders in the
same way. and so on
The result Of the decision viii be 10 pre-
vent wholesale retirements from the higher
grades There are a number OF captains
willing TO retire with the rank and pay
OF rear admiral rather than continue fur
ther on the active list, but the result OF
the decision is 10 prevent more Than
certain number OF retirenents each year
in every grade OF the Navy
Secretary Long has selected from a large
list cf officers who have applied for volun-
,tary retirements under 8 provision OF the
Personnel act these who will cease TO per
form active service sfter July l next. and
wbo. with the rank and pay Of the next
higher grade. will be at liberty to spend
the remainder CT their days drawing com
fcrtable salaries and performing no re-
turn to the Government. This clause OF
the act is one that appeals 70 many who
would rather Be on the retired list with
reduced rank than wait and secure higher
rank and perhaps sometime fly their flag
as meet commander
The fact however. that some officers
have no hope OF ever attaining fax rink
under the present rate OF adyancements
rIakes active life no longer attractive TO
them. and. therefore. they prefer the rest
OF the retired list These are the officers
who viii have this:
Capts. William H Harris and George Z.
Ide; Commanders William l. Moore and
Daniel Delehanty; Lieut.. Commanders
Dennis II. Mahan, William F Low, Mel
son T. Houston. Clayton s. Richman. Mar
tin f. Hall. L. l. Reamey, and William
Kilburn.
The above retirements will provide the
number of vacancies in each grade required
BY tho Personnel law. except that OF lieu
tenant. from which two officers viii have
10 be selected for retirement.