The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-05
The PAYOF REAR ADMIRALS
Mr. Mitchell Passes Upon the Rod
gers-Higginson Case.

bcr Formerly Held u. the latter.
and Should OaIy Receive the Same
Pas n HTi-adier General
L. p. Mitchell. Assistant Comptroller
of the Treasury. today held that Off
GERS Of the navy advanced in numbers
pursuant to sections 1906 and 1897, Re
vised statutes. for service in the Span
ish war. and carried as extra or add
tional numbers. are advanced contem-
poraneously with the officers next
above them. and are not counted in de
terrnining what officers IN the grade Of
rear ADMIRAL belong 10 the nine lower
numbers. in estimating the pay Of Off
GERS Of that grade
This decision was rendered upon the
appeal taken by Frederick Rodgers,
Rear Admiral, United States Navy,
from the action of the Auditor for the
Navy Department in disalIowing the
formers claim for pay and allowances
Of a major general Of the army from
February Il TO March Is. 1901. Is 4 rear
admiral above the nine lower numbers
of that grade.
In passing On the question, Mr..
Mitchell said:
Claimant contends that On February
Il, 1901. appointments were made Of ad-
GitioneI rear admiraIs, since which date
there have been more than nine of that
grade lower in number than he. and
that since that date he is entitled 10
the pay and allowances OF . major gen
eral, instead Of those Of brigadier
general, which he has received "~
One OF the operations of the Navy Per
sonnet act IF March ,. 1888. was that
the advancement Of an officer pursuant
10 their provisions operated to delay
promotion II due course. until the num-
Der in such grade had been reduced to
the number fixed by law It was doubt
less for one reason To remedy this IL
Justice to officers thus passed over, that
Congress enacted corresponding pro-
visions in the Naval Appropriation act
Of March >, 1871. Rear Admiral Fran
els J. HigSinson- who Is next in num-
Der above Rear Admiral Rodgers, had
before the passage Of the act Of March
=, 1899, and While captain IN the navy,
been nominated by the President for
advancement in numbers pursuant to
section 1896 of the Revised Statutes
for heroic and conspicuous conduct II
battle 50 as TO place him Al the head
of the list Of captains. He was then
nominated for promotion 10 comno-
dOTe, vice Commodore Winfield S
Schley advanced and promoted TO rank
from August 10, 1898. The Senate con-
hrmed HiggInson's promotion, but took
no action upon the proposed advance
ment II numbers either in his case or
that Of Commodore SchIey. The confir-
nation OF Higginson not only made
hin q commodore from the date OF the
Senate's action, but in effect advanced
SchIey 50 as 10 make q vacancy which
the promotion operated to fill.
The appointment and confirmation Of
Commander Davis TO be q captain. vice
HIgginson promoted, was regular and
in due course
"On February 26. 1901. Captains Rob
ley O. Evans and Henry G. Taylor were
confirmed by the Senate for advance
ment IN numbers and promoted to rear
admiral, pursuant TO section 1896. Re
YIsed Statutes, for service in the Span
lsh war, 10 take rank from February
II, 1901 Said advancement and promo
ton became effective and complete only
from the date OF the action Of the Sen
ate thereon. The grade Of rear admiral
has since been further increased from
March g. 1901, by the promotion thereto
Of Capt L. NJ Shepard. to fill a Va
cancy which the department decided
nSlo Nott-c1 AF ira dD0Ne quoted T}T0-
Vision Of the Naval Appropriation act
OF that date IN making Rear Admiral
HIgglnsCn an additional number of that
grade This promotion has not been
submitted to the Senate
i do not concur in the Departments
opinion that the effect Of the proceed
1ngs relating 70 the promotion of Rear
Admiral HigginsCu 10 confirm his ad-
vancement in numbers in his grade Of
captain for heroic and conspicuous con-
duct IN battle, and thus to constitute
him an additional rear admiral under
the act Of March 3. 1901 He was nom
mated for advancement in numbers IN
der section 1906, Revised Statutes, but
this proposed advancement was net
confirmed He was afterward nominal
ed and confirmed simply TO be COM
modore, vice Commodore Winfield s
SChIey, advanced and promoted and
not nominated for advancement and
promotion pursuant TO section 1906. Re
TiSed Statutes. This nomination. which
was confirmed by the Senate. was not /
for advancement and promotion under
section 1906, Revised Statutes. His sue
ceSsor IN the grade Of captain was also
nominated and confirmed TO be a cap
tain vice Capt. Francis J. FIigginsOn.
promoted. There Is nothing in all this /
70 indicate q purpose on the part Of the |
Senate to approve the conclusion Of the /
L IESl--ilL lNaL captain tdiEEiQSDD 7!
Should be advanced in numbers for he
role and conspicuous conduct in battle. |
except the bare circumstance that ne |
was taken up for promotion out Of his |
order, as any other officer Of that grade |
might have been taken up and Dromot- |
ed. That he was promoted out Of mis- |
order might or might not have been
known 10 the ma oTity Of the Senators. /
but considering that the Senate had be-
fore Il q definite proposition TO advance
him in numbers, Il seems most natural |
that il should have expressed its ap-
prOval OF that advancement in the |
usual way.
Rear Admiral Higginson was not. in |
my opinion, one OF those officers ad-
vanced in numbers pursuant TO section !
1906. Revised Statutes, for service in /
the Spanish war. He, therefore, does /
not come within that class Of officers |
mentioned IN the act Of March 3, 1901, |
and IS not to be carried as an add /
tiOnal number 10 the grade Of rear ad- !
miral, but constitutes enc OF the Tegu-
lar number Of eighteen rear admiraIs /
provided for by law and Is in line i'm [
mediately above the claimant The !
promotion Of Captain Shepard to be |
rear admiral was. therefore, UnauthOr- /