The times., 1901-03-15
NAVAL OFFICIALS PUZZLED
A Disagreement Over the New Law
for Promotions.

The Attorney General to De Asked TO
Straighten Out the TnnGIe Regard
ing Advancement for War services
The kuotty Problems Involved.
| The naval authorities are in a bad mix
! up over the arrangement of the names
of officers recently advanced for war
services In constituting the law provid-
ing that these officers shall be borne in
the Register as additional numbers and
that each SHAH he promoted simUltane-
ously with the officer having a regular
number next above him on the list. the
Judge Advocate Generals Office and the
Bureau Of Navigation radically differ.
The provision that officers advanced
for war services should be carried on the
Register as additional numbers and that
| they should be promoted to the higher
grades along with the officers immediate
ly preceding them, was inserted in the
| Naval bill to enable officers not ad-
vdnced to get their promotions in regular
course without being retarded 10y wait
ing for the promotion of those who had
jumped them, The direct cause of the
present difference of opinion among sew
eral officials was the case of Rear Ad-
miral Higginson. Through an error he
was the only officer recommended for ad-
vancoment whose nomination was con-
firmed by the Senate when the Santiago
nominations were sent to that body by
the President two years ago.
Under the provision referred to he be-
comes an additional number in the list
OF rear admirals. and it is conceded by
both sides to the dispute that this creates
regular numerical vacancy in that list.
There being such a vacancy it will be
filled by the advancement of the senior
captain of regular number. who is Capt
Edwin NJ. Shepard.
Ii is here that the Navigation Bureau
and the Judge Advocate Generals Office
disagree. The next officer to Captain
| Shepard is Capt Frank WiIdes, who be-
comes an additional number by reason
of having been advanced for his services
in the battle of Manila Bay Should he
be promoted to rear admiral Ito quote the
law 'contempoTaneously with and to
take rank next after the officer immediate
~ above him. is the question over which
the officials disagree. Captain Shepard is
the officer Immediately above Captain
Wildes, and it would seem that the two
should be promoted together The Judge
Advocate General rendered an opinion
yesterday that Wildes did not so up with
Bureau held that they should be promoted
together and the case was taken to Sec
retary Long After hearing both sides
Secretary Long decided that as the ques-
ton was an important one, involving not
only the particular instance mentioned,
but also the promotions now and in the
future all through the naval list. it would
be well to have a definite opinion from
the Attorney General
There are a number of other points in
volVed in the construction of the addi-
tiOnal numbers and contemporaneous pro
motion provision. One of them is whether
Admiral HigginSon became an additional
number when he was advanced two years
ago or only the other day, When the au-
ditIondl number provision became law.
If he became an additional number when
advanced two years ago, what is the
status of the officers who were promoted
in the several grades TO fill the series of
VacdncieS2 These questions ana the nara
legal nuts are 10 be referred to the Attor-
ney General for his views. Untit he has
rendered his Judgment there can be no
arrangement of the naval list.
other questions involving the construc-
tion Of the advancement law are plentl-
full, but some of these may be determined
by Secretary Long without reference TO
the Attorney General one of the most
interesting is whether in eases where TWO
or more officers borne as adOItiOnal mum
bers come Immediately after an officer
bearing regular number all these addi-
tiOnal shall 90 to the next higher grade, /
"contemporaneously with the officer
regularly numbered. A case in point is
that Of Captain Stirling and the officers
Immediately behind him. Captain Wise
stands No. 9 on the regular numerical
list Directly under him in the order given
are Captains Cook, who commanded the !
brooklyn in the war: Coghlan who COM
manded the Raleigh. and Clark, who conf
manded the Oregon, all of whom have
been advanced and given additional NUM-
bers.
II will be for the department to deter
mine whether these three additiGnals will.
when Wise is promoted. be carried to the
grade of rear admiral with him Should
the department decide that only one ad-
diUiOnal. in this case Cook. is carried into |
the next higher grade with the officer of
regular number Immediately above him.
the question is then presented: What is
to become of Coghlan and Clark? How
are they ever to attain promotion If there
is no regular number above them in their |
gradc2
Still another interesting but minor ques-
tiOn IS, whether officers who become ad-
ditiOna numbers do not forfeit their right |
to voluntary retirement with the rank and |
three-fourths the sea pay of the next
higher grade The voluntary retirement
statute was intended to induce officers
10 90 on the retired list i'm order TO Gre
ate vacancies. aud thus prevent stagna-
tiOn, and provide for a steady. natural
flow OF promotion. But If an officer bear
ing an additional number Is retired. no
vacancy is created, and the intent of Con-
ETeSs would not be carried out