Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-07-10
POTTS CASE CLOSED,
SAY NAVY OFFICIALS
President Without Authority to
Restore Him to Active List.
Congress May Act.

At the Navy Department today 1t Is
declared that the case of Capt Iemphn
M. Potts, recently retired by selectlon Oh
the plucking board. Is a closed incident
so far as that department is concerned.
With the approval of the President and
in full compliance with law, 1t is stated.
the name of Capt. Potts was transferred
to the retired list July 1. and, it is stated
further that it cannot be restored to the
active list except by specific direction OF
Congress.
In the present status of the case, 1t Is
further declared, it is beyond the power
of the President to restore Capt. Potts 10
the active list, even if he should desire 10
recall and reverse his action In approving
the order for the retirement OF thai
officer.
1t transpires that Capt Potts not only
has been retired, but that the Presioent
also has nominated an ofi1cer-oapl. y:
]. Boush-to the vacancy In tne rs. % !
rear admirals. to which Capt. Potts
would have been appointed had he not
been retired. That vacancy occur.eu
March 70, on the retirement OF rear Az Az
mirai Albert Mertz. Capt. bousn, tue
officer next in line of promotion 10 Sap..
Potts. was nominated and confirmed py
the Senate within the past few days as q
rear admiral, vice Rear Admiral hugo
Osterhaus, who was retired June ID.
Action of the President.
Following the retirement of Capt.
Potts however the President again
sent the name of Capt. Boush to the
Senate for promotion to the grade OF
rear admiral from the date OF the re-
tirement of Rear Admiral Mertz, thus
advancing the date Of his commission
as rear admiral from June 10. as con-
frmed. to March 26. That nomination
is now before the Senate and II con-
frmed would leave no vacancy In the
list of rear admirals to which Capt.
Potts could be appointed, even II the
authorities were inclined to that line
Although not admitted by the friends OF
Capt. Potts, it is reported tnat .ney NJ
appointment of Capt. Boush TO the
vacancy to which Capt. Potts would
have been entitled had he renamed on
the active list. In case they were sue
it would add another complication TO the
already tangled case of Mr.. Meyer ana
for personnel. Beyond the tact that
Capt Potts has obtained a certined copy
of his record from the departnleh. me
since his retirement.
That Capt Potts is not even consider
ing an appeal to the courts to go into MS
case was stated today by close adviser
of the retired naval officer. 1t had been
suggested that he might go into court TO
test the constitutionality of the personnel
law. or might apply to the Court of Claims
to review the case.
Capt. Potts has not taken any affrma-
tive action since his arrival in Washing
ton, but is spending his time going over
the records at the Navy Department. con-
sidering presidents and studying the law.
He is expected to take definite action
within the next week.
Capt. Potts has let it be known that
his first action will be the placing or
all information in his case before the
President and asking for review by
him of the entire matter. Since the ease
has already been before the President
twice in other forms, men at the Navy
Department do not expect that the Presi-
dent will take any action.
The final appeal would have to be to
Congress-, but Capt. Potts has not yet
decided whether he will take this ac-
ton AS one of his friends said today.
he has not finally decided exactly what
he will do, although he is determined to
make an effort to rectify what he feels
to be an Injustice.