The times., 1901-04-11
TO MAINTAIN AN AVERAGE.
Secretary Longs Decision for Forty
Vacancies Year.

Vacancies 81 Year.
The Secretary of the Navy rendered a
decision yesterday that the vacancies
caused by the promotion of officers ad-
vanced for service in the war with Spain
should be counted with the vacancies,
forty in number, which must occur every
year under the law. ia cause a natural
flow of promotion in the line. This de-
cision is of great Importance TO the naval
service. Its immediate effect, according
to +. z. Hanna. Solicitor and Acting
Judge Advocate General of the Navy, who
rendered the opinion on which the Sec
retary's decision was based, will be that
there viii be no voluntary or compulsory
retirements at the end Of the current
fiscal year
To understand the effect of the decision
il is necessary to know that the Person
mel law of March 5. 1899. provided gener-
ally that there should be forty vacancies
In the navy every year above the grade
of junior lieutenant. If there were not
enough vacancies caused by death, reSiS-
nation, or otherwise, officers who applied
voluntarily for retirement were TO be
transferred to the retired list with the
rank and three-fourths the sea pay of
the next higher grade. If there were still
not enough vacancies created by these
voluntary retirements to bring the whole
number up to forty, a board of rear adj
mirals was, to select for retirement enough
officers, who. for physical or other rea-
sons, were not deemed capable of per
forming their duties satisfactorily. and
thus create the required number of va
cancies.
Last year there were enough vacancies.
ff-sa
ment, to comply with the requirements OF
the Personnel law. Congress at its last
session passed an act providing that
where officers were advanced for war ser
vice they should, on being promoted to
the next higher grades, be carried on the
list of those grades as additional num-
bers 1t was provided also that each Off
Ger carried as an additional number
should be promoted subsequently to each
grade synchronousIy with the officers of
regular number Immediately preceding
him on the list
This was done to prevent retarding the
promotion of officers jumped by brother
officers who had distinguished themselves
in the war with Spain. Secretary Long s
decision Is that vacancies caused by the
promotion OF officers who thereby be-
come additional numbers in their grades
VIII be counted as within the meaning of
the sections of the Personnel act, provid
ing that there shall be forty vacancies
every year. The opinion of Solicitor
Hanna was based,on a question asked by
the chief of the Bureau of Navigation,
which IL contained in the following ex-
tract from Mr.. Hanna's paper:
"A number of officers having been ad-
yanced and promoted for services rem
dered during the war with Spain and hav-
ing become extra numbers in the grades
to which they promoted the
tion asked by the bureau as to whether
the vacancies caused by such promotions
are to be counted under the provisions OF
the Personnel act, above quoted, becomes
important.
THAT such promotions cause vacancies
is not matter of controversy. Captains
Evans and Taylor, for example. We're. on
February II, 1901 advanced five numbers
and promoted to the grade Of rear ad-
I.liral- The bureau says: The reHoN al
Of both these officers from the list OF
captains necessarily left two vacancies
in that and in junior grades TO fli, which
promotions were made in the customary
manner The doubtful point is rot
whether those promotions cause Yacan-
cies, but whether such vacancies fall
within the meaning of sections ard 8
of the Personnel act
Solicitor fiauna holds that the vacan-
cies do fail within the meaning of sections
and 3. which require forty vacancies,
and provide for voluntary and compul-
sory retirement. He was sustained by
JuN2t advocate trenefdl Iemly, VINO was
absent from Washington when the opin-
ion was rendered. Mr.. Hanna says also
that If the additional number promo
ticns do not cause vacancies. four cap
tains and two lieutenants will he thrown
out OF the serriee compuIsoriiy but il
counted there viii be nU compulsory or
voluntary THtirements.
in his order to the Bureau of Naviga-
tion in regard to additional number pro-
motions as causing vacancies, Secretary
Long called attention to the fact that the
provisions of sections s and 9 reiate to
the average vacancies for the fiscal
years subsequent to the passage of this
act" Ee therefore directs that ''the
average OF the vacancies occurring during
the current and preceding years since
the passage of the act must accordingly
be taken In other words. if fifty va
canCies, ten more than required. occur IN
any one year, there shall be only thirty
vacancies required the next year.