The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-03

An opinion Of the Attorney General in
the case Of Capt b. H. MoCalla, OF the
Navy. has an important bearing on the
case OF Rear Admiral W. s Schley, and Il
applied to Schley would. It Is contended
by some legal officers have the effect Of
making that officer No. on the list Of
rear admlraIs, thus placing him far in
advance OF Rear Admiral W. T. Sampson.
Admiral Sehley would then be junior on
the naval list only to Admiral Dewey and
Rear Admirals F. V. MeNair and John A.
Howell It is currently reported in naval
circles that the two rear admirals will
apply for retirement before july 1, and in
that event Admiral Schley would in add
ton TO ranking next 10 Dewey have the
honor Of being the head of the list OF h S
grade.
The Attorney Generals decision was
based on the question propounded by the
Comptroller of the Treasury as to the
status Of certain naval officers who were
promoted to fill vacancies caused by pro-
motion Of Commander Bowman II.
McCalla to the rank Of captain for his ser
vices in the Spanish-Ameriean war. As
a matter of fact McCalla's nomination for
advancement was not acted. on directly
by the Senate. but the Senate confirmed
the nominations Of Lieutenant Commander
John r. Pillsbury to be a commander. vice
Commander Bowman II. McCalla, advanced
and promoted; Lieut. II. o. RittenhOuse
to fill the vacancy caused by Pillsbury'
promotion and junior officers to fill the
successive vacancies.
Captain McCalla. whose recent advance
ment by the action OF the President in re-
hitting the punishment inflicted upon him
ten years ago by the loss Of numbers
under sentence of court martial. has moth
ing to do with the case submitted to the
Attorney General, applied TO the Comp
troIler Of the Treasury for a decision as to
the pay to which he was entitled, pointing
out the promotion OF Pillsbury vice Nc
Gala promoted as evidence that he was
Of the rank and grade Of captain. The
Attorney General holds that in confirm
ing the nomination Of Pillsbury to be a
commander, vice McCalla promoted the
Senate assented TO the promotion Of Nc
Gala.
The Attorney General says: Il am,
therefore, of the opinion that Commander
McCalla was duly advanced, promoted,
and confirmed to be a captain in the Navy,
and that this created a vacancy in his
former office Of commander to which Lieu
tenant Commander Pillsbury might be
and was duly appointed and confirmed
The case of Rear Admiral Schley is
practically similar. He was commissioned
by the President, August 10, 1898. as a
rear admiral. this being recess appoint
ment and when the Senate met was nOmi-
mated on December T. 1898 TO be af-
vanced six numbers in rank and to be d
rear admiral in the Navy from the 10Th
day OF August, 1898, to take rank next and
after Rear Admiral William T. Sampson,
advanced" In the list Of names with
those Of Schley and Sampson was that Of
Capt. Francis j. Higginson. to be advanced
three numbers in rank from the 10th day
of August 1885. TO take rank next after
Capt Bartlett J. Cromwell"
This advancement of Higginson would
make him the senior captain. and aC-
cordingly On the same day the President
nominated him to be a commodore, that
rank then being in existence, vice Com
modore Winfield 5. Schley. advanced and
promoted The nomination Of Captain
Higgiuson to be a commodore was con-
tanned in list with officers promoted
naturally and not on account of war SER
vices This list was confirmed and Big
ginsou became d commodore, thus re civ
ing promotion for his war services viii e
Sampson, Schley and the others named
for reward were not advanced.
1t is contended, therefore, that applied
to the Schley- HigginsOn case. the Attor-
ney Generals opinion in the McCaliaPills-
bury case has the effect Of an official de
cision that the Senate in confirming the
nomination OF Higginson, vice Schley ad-
yanced aud promoted" declared that
Schley had been advanced six numbers and
assented to his promotion.
Legal officers Of the Government We're
asked Yesterday as to how the opinion CT
the Attorney General could be applied to
the case Of Schley. Several WAYS were
suggested. II was said by an official that
the Navy Department might accept the
Attorney Generals opinion as final end
advance Schley accordingly If It were
found to fl his case. Another opinion eX-
pressed was that the Court Of Claims
would probably he called in TO determine
whether McCaIla Pillsbury. and the
others affected were entitled to pay from
the time fixed by the Attorney General as
the dates OF their promotions, aHi that
this would lead the way to a decision by
th,. United States Supreme Court. which
would be final. Admiral Schley made claim
for Fay as rear admiral from August TO-
1855. bur this was rejected by the Comp
trollor Of the Treasury.
THE CENTRAL LABOR UNION.