The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-11
TO MAINTAIN AN AVERAGE.
Secretary Longs Decision for Forty
Vacancies n 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. to 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 E. 2. 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
II Is necessary to krow that the Person
mel law of March g. 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, resig-
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 retfrements to bring the whole
number up to forty, 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.
some Of them caused by voluntary retire
TN MIR nit, tla 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 spontaneously with the officers of
regular number Immediately preceding
him on the list.
1nis was done to prevent retarding the
promotion of officers jumped by brother
officers who had distinguished themselves
in the war with Spain. Secretary Longs
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
u,
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.
winch IN contained in the following ex-
tract from Mr.. Hannas paper:
"A number Of officers having been adj
faneed and promoted for services rem
dered during the war with Spain and hay-
ing become extra numbers in the grades
TO which they were promoted the uues-
ton 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
rs not matter of controversy CAPTAINS
Evans and Taylor. for example, We're. on
February II, 1901 advanced five numbers
and promoted to the grade nf rear adj
i'iral- The bureau says: The reno, al
captains necessarily left two Vacancies
in that and in junior grades to MI, 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 5 ard
Of the Personnel act"
Solicitor Hama holds that the yacan-
cies do fail within the meaning of sections
and - which require forty vacancies,
ana provide for voluntary and compul-
sorry retirement. He was sustained by
nudge Advocate General Lemly, who was |
absent from Washington when the opin-
ion was rendered. Mr.. Hanna saws also
that II the additional number promo 4
items do not cause vacancies, four cap |
taif1s and two lieutenants will he thrown |
out of the serrier eompulsorily but IL !
counted there viii be NO compulsory or /
voluntary rstirements
in his oH;ier to the Bureau of NaViga- |
ton in regard to additional number D o. |
motions as causing vacancies, Secretary |
Long called attention to the fact that the |
provisions of sections and relate to /
les ha
years subsequent to the passage of this |
act. He therefore directs that '.the |
iYerage of the vacancies occurring during /
he current and preceding years since !
ne passage OF the act must accordingly |
be taken In other words. il fifty va |
ten more than required occur IN
my one year, there shall be only thirty
iacancies required the next year.