Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-09
ANXIOUSLY AWAITED
COURT OF CLAIMS DECISION IN
ADMIRAL aIBsoN,s CASE.
Favorable Ruling Would Give a Pre-
MUM to Retirement Over Active
Service-A Naval Officers View.

Officers OF the naval service are anxiously
awaiting the decision OF the Court Of Claims
In the case submitted by Rear Admiral Will
liam @. Gibson, who claimed that while on
the retired list he was entitled to three
fourths the pay allowed a major general
rather than three-fourths the pay received
by brigadier general.
Rear Admiral Gibson retired from active
service about thirty months ago, while hold
ing the rank Of captain. AS veteran Of
the civil war he was entitled to retire with
the rank and three-Quarters the pay of the
next higher grade, which was that of rear
admiral. The naval personnel law Of
March 8, 1899, distinctly provided for eight
cen rear admirals on the active list; pro-
vided, that each rear admiral embraced In
the nine lower numbers Of that grade shall
receive the same pay and allowances as
are now allowed a brigadier general In the
army"
1t is claimed by the counsel Of Admiral
Gibson that the only admirals in the navy
who shall receive the pay of brigadier ben
eral are embraced in the nine lower num-
bers on the active list.
A favorable decision in regard to the con-
tention OF Admiral Gibson will be far reach
ing In it's effect. Nearly all the seventy
captains on the active HIST performed service
during the civil war, and have been forty
years in the naval service. Practically
every one of them could therefore have the
opportunity of retiring rear admiral,
and would thus receive So, 625 year The
pay and allowance Of captain in the navy,
when doing shore duty, substantially
amounts to about $1,000. By going on the
retired list, therefore. each captain would
pay each year on the retired list than he
received when doing duty on the active list
It is not believed that such action was
contemplated by the trainers of the per-
J,u o,,I he ~ Nlofy rcyi1,
a favorable decision there will be a f1ocking
Of captains to the retired list that will be
amazing.
cit would seem rather strange" said a
naval officer today, that while the great
scarcity of naval officers exist there should
be a wholesale application for voluntary
retirement upon the part of officers. Such
officers contend, however. that the claims
of their families are entitled to considera-
ton, and that they will be simply taking
advantage of existing law.
ut is certain that heroic remedies will be
taken to prevent such state of affairs. 1t
Is extremely probable that a concurrent or
joint resolution will be pushed through the
Congress suspending every retirement fea-
ture of the personnel law to prevent such
wholesale retirements.
Those who retire before the decision of
the Court of Claims is rendered cannot
probably have their pay touched, for it Is
not likely that any retroactive measures
will be taken. 1t is highly improbable that
any law will be permitted to remain on the
statute books allowing any officer on the
retired list to receive about 20 per cent
more pay than when doing duty on the
active list.
The navy personnel bill offered great
many surprises, but this latest claim Is iA
some respects, the most startling, and Will
certainly compel the naval committees of
both Houses to give special consideration
to the question of repeating some of the eX-
ceedingly generous provisions that now pre-
vail in regard to naval reurements."