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

| An opinion of the Attorney General in
Navy, has an important bearing on the
case OF Rear Admiral W. s. Schley, and il
applied to Schley would 1t IS contended
by some legal officers. have the effect OF
making that officer No. 3 on the list OF
rear atlmirals, thus placing him far in
advance of Rear Admiral w. T.. Sampson.
Admiral sehley would then be junior on
Rear Admirals F. v. McNair and John a
Howell. It is currently reported in naval
circles that the two rear, admiIals will
apply for retirement before July /, 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 H.
McCalla to the rank of captain for his SER
vices in the Spanish American 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 E. Pilsbury to be a commander, vice
Commander Bowman T.. McCalla, advanced
and promoted; Lieut. II. o. Rittenhouse
to fill the vacancy caused by Piilsburys
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
troller 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
McCala was duly advanced, promoted,
and confirmed to be a captain in the Navy,
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
rear admiral this being a recess appoint
ment and when the Senate met was Domi-
mated on December I, 1898, Ito be ad-
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, 1898, Ito 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 S. Schley, advanced and
promoted" The nomination of Captain
Higginson to be a commodore was con-
tanned in a list with officers promoted
naturally and net on account of war SER
vices. This list was confirmed and Rig-
ginson became a commodore, thus receiv-
ing promotion for his war services viii
for reward were not advanced
1t is contended. therefore, that applied
to the Schley Higginson case, the Attor-
ney Generals opinion in the McCaliaP Pills
bury case has the effect OF an official de-
cision that the Senate in confirming he
nomination of Higgilson, vice Schley ad-
vanced and promoted declared that
Schley had been advanced six numbers and
assented to his promotion.
Legal officers OF the Government were
asked yesterday as to how the opinion CT
the Attorney General could be applied to
the case of Schley. Several ways were
sugge sted. Ii was said by an official that
the Navy Department might accept the
Attorney Generals opinion as final and
advance Schley accordingly if 1t were
found to fit his case. Another opinion ex-
pressed was that the Court of Claims
would probably he called in 10 determine
whether McCalla PillsbuTy. and the
others affected were entitled to pay from
the time fixed by the Attorney General as
the dates OF their promotions, and that
this would lead the way to a decision by
the United States Supreme Court. which
would be final Admiral Schiey made claim
for lay as rear admiral from August 10,
1885, but this was rejected by the Comp
trollcr of the Treasury.
TuE CFNTR JAROP LINTON