Evening star., 1925-02-17
NAVAL PAY FIGHT.
. WON BY M'CARL
appeals Court Reverses De-
cision Holding Deductions
for Debts Illegal.

Controller General McCarl won a
victory over naval officers in the
long -drawn-out battle over deduc-
tions from their pay when, according
to a message received here, the Cir
cult Court of Appeals at San Francisco
today reversed decision of the United
States District Court at Los Angeles
in the case of Hetfield VS.. Barber, dis
missing it for want of jurisdiction.
o. r. Mcclure of the general ac-
counting office, who as Special AS
sistant Attorney General represented
the Government both before the Dis
trict Court and the Court of Appeals
said the decision in effect was con-
firmation by the court of the right of
the controller to deduct from the pay
of officers for debts owed to the Gov
ernment.
Out of seven cases filed in various
courts in the country on this con-
tested question, the case dismissed
today was the first to receive an ap-
pellate decision. 1t was the opinion
of Mr.. Mcclure, judging from what
he knew of the case, that the plaintiff,
Lieut.. Comdr. William Brawner Het-
field, q medical officer stationed at
Los Angeles, would not appeal fur
ther in his efforts to prevent deduc-
tions.
Several Hundred Concerned.
The controversy over the principle
Involved dates back more than a year
to the regime of former Secretary
DENLY and concerns between 400 and
500 naval officers, many of whom are
in Washington.
Among the seven cases filed in vari-
Gus courts of the country, Mr.. Nc
Guire explained today, all reaching
decision have been decided by dis
trict courts against the controller
general. One of these cases involved
Ga officers in the District of Columbia
Although the courts had held the
controller had no right to deduct such
pay, Mr.. McCarl, standing on his POSI-
tion that the courts had no jurisd'c-
tion in the matter, continued to in
struct disbursing officers to with
hold pay for past debts to the govern
ment, principally erroneous overpay
ments on account of dependents. Such
deductions are now being made.
In only two cases. 1T is understood.
was any full payment made following
court decision. No further full pay
mentS to officers are being made in
these two cases, it was stated today,
and deductions will be made from
their compensation until the debt is
satisfied. Following an agreement
and Secrtary Wilbur, however. only
20 per cent of any officers pay is
deducted each month For a time some
officers were receiving nothing at all
from the disbursing officer, the whole
amount being charged against the
debt.
Debts Rarge to S3,OOO.
The largest amount of these debts
owed by naval officers is understood
to be about $4,000, while the small
est was a few dollars. Some of the
debts are understood already to, have
been wiped out by deductions.
The seven cases filed against the
controller were in the District of CO.
lumbia- Massachusetts, California
and Georgia.
In the case of Hetfield VS.. Barber, the
former claimed that Lieut.. c. II. Bar
Der, disbursing officer at San Diego
for the Navy, had no right to make
such deductions. and that the plain
tiff should, therefore, receive full pay
each time. The District Court at Los
Angeles decided for Hetfield. On ap-
peal, 1t was contended by the con-
troller that the Government had a
right TO such deductions for claims
against the officer. that pay and al
lowances of Navy officers were dis
cretionary' and not subject to court
control, and that the United States
District Court had no jurisdiction.
Such claims, it was said, should be
presented in the Court of Claims.