Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-05-17

which will become effective the early
part Of July, one board can perform
both functions, or separate boards can
be appointed for the selection of the
general line officers or for the heads
of the staff departments. In either
case the personnel of the boards will
consist Of five general officers.
This new selective system of pro.
motion for the Marine Corps is not a
drastic measure. but at the same time
the law directs that Sufficient evil
dence" should be in the possession Of
the board before certification can be
made of an officer that he is qualified
professionally for the next higher
grade. The act, which contains a pro-
vision creating an eligible list of
coionels for promotion to brjGadfer
generals. also contains a section pro
Viding for retirement for age in grade.
The five officers who will compose
the board will be selected by the Secre
tary of the Navy from among the fol
lowing officers: Maj. Gen. John A.
Lejeune, Maj. Gen. Ely X. Cole,
and Brig. Gems. L.'Feland, r. II. Lane
c. l.. McCawley. Dion Williams. G..
Richards and Harry Lee.
The lockwood test case, involving
the questions as to whether those Off
saving clause of the joint service pay
act will draw allowances correspond
ing to their base pay, which was
argued in the Court of Claims this
week, reached a stage before the rem
dition of the final decision of the court.
In this connection 1t is interesting to
note that on May 10. the day that the
case was argued, the law became eff
fective under which cases cannot be
t,.l% 80 N1,f, H.
appeal. Only through a writ of GER
tiorari can they be taken from the
court. Under section Is of the above
mentioned act Maj. Alfred l.. Rock
wood, in whose name the test case is
brought, draws pay of the fourth pay
period, but under a decision rendered
by the controller general of the
United States, he is only paid the al
lowances of the third period.
During the course of the argument
the attorney for Maj. lockwood point
ed out that the class of officers affected
by this suit were commissioned largely
in the regular establishment from civil
life in 1918 and 1914 and had no other
service aside from that of the Regular
Army. Their services were in great
demand during the war and many of
them were sent overseas, where they
were placed in command of units at
the front. When the time came for
Congress to frame a pay act the dis
covery was made that there were
large number of officers in the regular
establishment who possessed service
other than that of the Regular Army,
and who would be entitled to draw
higher pay than those officers in Maj.
Rockwoods class and who served
under the latter class of officers during
the war.
Quoting sections and of the
joint service pay act, which deter
mine the allowances for officers, Maj.
Rockwood's attorney argued that the
language contained in these two sec
lions provided that officers receiving
the base pay of any period shall be
entitled to receive the rental allow
ances for that period.
Attorneys for the Government
argued that the suit was not brought
for pay, but for allowances. 1t was
pointed out that Maj. lockwood, as
far as his base pay was concerned,