The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28
PRICE One CENT.
ENTI4LEDH0THBGRATUITY
The Act Relative to Medals in tie
Navy Retroactive.

Enlisted Men Promoted fer Bravery
Can Receive 200, Though Their
Acts of GniIantry Were Performed
Prior to the Passage of the Bill.
Replying to a request fer decision
from the Secretary of. the Navy, l. P
Assistant Comptroller Of the
Treasury, today held that the act of Con-
gress approved March 3, 1901, concerning
the award OF medals. promotions and
gratuities to enlisted men in the Navy
and Marine Corps, was retroactive, and
that such enlisted men as had had such
hoRo-s conferred upon them, but had not
received the sratuity of S1OO, we're entitled
to receive the same.
The Assistant Comptroller was asked
the following questions by Secretary
Long:
L Is the act approved March 3. 1891.
for the reward Of enlisted men OF the
Navy and Marine Cops retroactive, and
II So for what period
-. Are all men who receive a medal
OF honor within the period OF such retro
action entitled to the gTatuity Of sIoo as
provided by section 1f07- Revised Stat
-1tes2'
Mr. Mitchell begins by quoting section
of the act approved May Il, 1864 Q2
Stat. Ts). providing:
',Seamen Distinguishing themselves in
battle. or by extraordinary her0iST7 in the
line of their profession. may be promoted
10 forward warrant officers OF acting
masters mates, as they may be best quail
ihed, upon the recommendation of theeir
commanding officer approved by the nag
officer and the department Upon such
promotion, they shall receive a sFatuity
Of 500 and q medal OF honor 10 be pre-
pared by the Navy Department"
BY the above section a seaman -distin-
gushing himself In battle. etc, could re-
ceive the gratIity and medal of honor as
provided therein only on being promoted
He then quotes section 1z07, Revised
Statutes, as follows:
"Seamen distinguishing themselves in
battle, or by extra ordinary heroism IN ths
line of their profession, may be promoted
TO forward warrant officers. upon the rec
Ommendation OF their commanding officer
approved by the flag officer and the Sec
Tetdry of the Navy. And upon such rec
ommendation they snail receive q graJufUy
OF 500 and medal OF honor. to be pre-
pared under the direction Of the Navy De-
paTtment.
Commenting on this Mr. Mitchell says:
BY this section the act of 1864 was en-
the seaman as a prerequisite to his re-
CeiFing the gTatuity of Sle9 and the medal
of honor; but both the above acts were
limited N their language to 'Seamsn, and
neither OF them IN terms included the Ma
ILle Corps The term seaman has a lin
tied application in the Navy and applies
only to a certain class Of enlisted men,
The act of March 2, 1901 (3l Stat, 1099J,
provides: That any enlisted man Of the
navy or Marine Corps who shall have dis
tiuZuiShed himself in battle or displayed
pNfT1nTFfTu2TV hnrnfSTn the line his
profe ssion shall, upon the recommended
ION at his commanding officer. approved
by the flag officer and the Secretary of
tie S-4Vy- receive gratuity and medal
IF honor as provided for seameu in sec
tion I403 of the Revised Statutes.
The act OF 1901 is a beneficial statute
and should be literally construed
The words of the act of 1864 and Sec
ton 1907, supra, 'seamel distinguishing
themselves are prospective Congress
changed the language in the act of March
g 1901, to Any enlisted man - who
shall have distinguished himself
seaen seam in section 4gz Of t Reyise rS.s st a3[
utes'
The words are not any enlisted man
distinguishing himself, or who may
hereafter. or who shall. which Sould be
prospective, but who shall have distiu-
guished himself, which. in my opinion,
when taken in connection with the sub
ject matter with which Congress is 4egis-
lating, and the other language of the act,
renders the act retrospective in its opera
ton. and gives to the act the same effect
as If it had been part of section I4U7
when it was enacted
Concluding, Mr. Mitchell says:
Had Congress intended that the act Of
1901, should be limited in its benefits TO
the future only, it is not unreasonable to
suppose that it would have employed the
language used in previous acts instead
of changing the language so as to be sus-
ceptible of both past and future appIica-
ton
by the act of 1901 it devolves 7zpon the
comma nding officer. the flag officer. and
the Secretary of the Navy. to determine
when an enlisted man of the Navy or
Marine Corps shall have so distinguished
himself in battle or displayed extra0r-
binary he roisrn in the line. of his pro-
fession as 70 entitle him to a medal of
honor by virtue of said act. and, if he is
so entitled and has received a medal OF
honor as provided in said act. but-has not
received the gratuity of SI00 as provided
in said act, I am of opinion he is entitled
to receive such gratEity.