The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-20
u. S. G. WHITE AND
HIS BACK PAY

In the case OF Civil Engr. U. S. G.
White, vs.. United States before the
Supreme Court of the United States,
claiming retrospectively FIVE years
credit, notice has already appeared here
of the decision adverse to the claimant
under the Personnel act. The opinion
of the court has now been printed for
distribution. Some of the material
points in this case, giving a complete
idea of the ground on which the de-
cision OF the court was made, are as fol-
lows:
The part of the statute particularly
under consideration in this case, and
upon the Interpretation of which the
right of the claimant depends, is con
tanned in the third paragraph And that
all officers, who have been or may be
appointed to the Navy from civil life
shall, on the date of appointment, be
credited, for computing their pay, with
FIVE years service
"The reading of the statute is not al
together clear, and we are to arrive at
the meaning OF Congress by such aids
order to determine the effect and pur-
pose of the laWmaking power in the
language used. The statute IS part of
volumlnous act to reorganize and in
crease the efficiency OF the personnel of
the Navy and Marine Corps of the
United States. In the title, the language
used looks to the future; it contemplates
readJustment of rank and pay 1t is
true that the title of the act may not
control the plain language of the enact
ing clauses, but nevertheless we NAV
look to the declared scope and purpose
of the act as evidenced by its title when
ever 1t becomes necessary, in view of
the use OF language, incapable by itself
OF exact construction.
But 1t is urged that the plain mean
ing of this statute includes officers in !
the situation of the claimant and re-
qulres readlustment of their pay for
years past. The language used is all I
officers that have been or may be ap-
pointed to the Navy from civil life and
it is claimed that unless this construc- /
ton is given to the act, violence is done |
TO its terms and to the rights intended /
to be conferred upon the claimant and
other officers similarly situated The I
provIso directs credit on the date of
1t is argued that this
means as of the date of appointment If
This be true, it is in conflict with the
lsst clause of the act, which makes in
.eased pay begin on June 80
Congress must be presumed toe have
id before it in framing this legislation
d. statute already in force, fixing the
lHy of naval officers by advancing them
gerry hve years through three such pc
Gods to maximum pay. 1t enacted, III
he statute under consideration, that the
officers named appointed or to be ap-
pointed from civil life, should have such
:redit on the date of appointment for
)ne computing their pay In
he light of the operation of the act as
declared in the first clause to begin on /
he 3oth of June following, we think
his was meant so far as it applied TO
officers heretofore appointed, and who
we're not receiving maximum pay, to
gave them a credit of the term OF five
7ears advancement toward full pay for
he purpose OF computing compensation
liter the beginning of the coming fiscal
rear.
while the question is not free from
difficulty, we cannot escape the conclu-
ion that had Congress intended that
his credit should be given, not only
or the purpose of computing future
Jay, but with a view to readjusting
)ast compensation, and giving gratuities
.or years past, it would have declared
is purpose in more distinct terms"
Fhe elaborate argument by Assistant
Attorney General Pradt for the United
States and the AIessrs- King. of Wash
ngton, D. c, for the claimant, resulted
Il a very clear comprehension OF the
ssues involved in the case by the court.
although the decision IS a great disap-
continent to many officers, as If favora-
lie. about $4,000 would have been pay
ble to the officers of the staff corps. {
t is to be noted that the court con
idered the question not free from diff
.ulty,' thereby fully justifying the ac- {
ion OF The officers in pressing the
and Navy Journal.
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