The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-15
NAVAL OFFICIALS PUZZLED
A Disagreement Over the New Law
for Promotions.
The Attorney General to De Asked TO
Strnigbten Out the TnngIe Regard
ing Advancement for War Services
The Knotty 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 shall he promoted simultane-
ously with the officer having 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-
vanced to get their promotions in regular
course without being retarded by 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-
/ hrmrd 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 n vacancy it will be
filled by the advancement of the senior
captain of regular number, who is Capt
Edwin NJ. Shepard.
1t is here that the Navigation Bureau
and the Judge Advocate Generals Office
disagree. The next officer to Captain
Shepard is Capt Frank Wildes, 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 (to quote the
law contempoIaneously with and to
take rank next after the officer immediate
ly 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 go up with
Shepard. The Chief of the Navigation
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-
tion 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. 1t 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
ago or only the other day, when the ad-
ditIonal number provision became a law.
If lie became an additional number when
advanced two years ago, what is the
status of the officers who were promoted
in the Veral grades TO fill the series of
vacancies? These questions and the hard
legal nuts are to be referred TO the Attor- |
ney General for his views. Until he has |
rendered his Judgment there can be no !
arrangement of the naval list.
Other questions involving the construc- |
ton of the advancement law are plent- |
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 cases where two |
or more officers borne as aGuItional num- |
bers come Immediately after an officer |
bearing a regular number all these addi- |
tional shall 20 to the next higher grade. |
'cOntemporaue0uSly with the officer !
regularly numbered A case in point is |
that Of Captain Stirling and the officers |
behind him. Captain Wise |
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 COM
manded the Oregon, all of whom have |
been advanced and given additional NUM-
bers.
1t will be for the department to deter
mine whether these three additionals will
when Wise is promoted. be carried to the
grade of rear admiral with him. Should |
the department decide that only one ad-
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
Erade2
Still another interesting but minor ques-
tion IS, whether officers who become ad-
ditional 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 |
was intended to induce officers
TO go on the retired list in order to Gre
ate vacancies. and 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 |
is created, and the intent Of Con- |
greSs would not be carried out
|