Grades in the Navy. Grades in the Navy. Retirement of warrant officers. Rations to marine officers. Mileage to offi. cers. Government property. Decisions of Auditors. Retirement of officers. Retired officers counsel. 66 gevity while on that list. The periods of five years' service mentioned in Rev. Stat., sec. 1556, for increase of pay, are grades" within the meaning of Revised Statutes, sec. 1588. C. C., v. 18, p. 111, 1883. Thornley's case. Also, p. 537, Brown's case. The word "grade" in sec. 1588, R. S., refers to the divisions of officers into five years' periods of service. An officer retired in the third period of five years' service is entitled to 75 per cent. of the sea-pay of that pay grade, and not to the highest pay of a chief engineer who has served over twenty years. [Use of words "grade" and "rank" in the several statutes relative to the Navy is discussed in this opinion.] C. C., v. 18, p. 339. Rutherford's case. In the Navy there are grades for duty, for honor, and for pay, some by name and others by description. A lieutenant has a grade of his class and also a grade in his class upon which his pay is fixed, depending upon length of service. A lieutenant retired in the first five years of service because not recommended for promotion, is entitled to onehalf of his sea-pay at the time of retirement, and no more. C. C., v. 18, p. 347. McClure's case. The act of August 3, 1861, chap. 42, s. 23 (12. Stat. L., 291,, now R. S., secs. 1448, 1455), applies to warrant officers, and they may be retired the same as commissioned officers. The President's act in retiring a boatswain in 1872 was legal and valid. C. C., v. 18, p. 537. Brown's case. An officer in the Marine Corps, attached to a sea-going vessel, is not entitled to the ration allowed by R. S., sec. 1578, to a naval officer so attached; he is, by R. S., sec. 1612, subjected to the provisions of R. S., sec. 1269. [The various statutes prior to the Revised Statutes regulating allowances of rations to officers of the Army, Navy, and Marine Corps are considered and examined in this opinion.] C. C., v. 18, p. 625. Reid's case. The act of 1835 (4 Stat. L., 755), which provided that ten cents a mile should be allowed to naval officers for traveling expenses while traveling under orders, made no distinction between traveling in or out of the country. That provision was not repealed by the act of April 17, 1866 (14 Stat. L., 38), nor by the act of July 15 1870 (16 Stat. L., 332), and was in force during the period of the claimant's traveling in 1872. So settled in Temple's case (14 C. C., 377 and 105, U. S. R., 97.) C. C., v. 18, p. 83. Graham's case. No public officer, without express authority of Congress, has a rightto contract for the alienation of any property of the Government for any purpose. C. C., v. 18, p. 352. Flores's case. It is no part of the duties of the Auditors (except the Sixth Auditor) to make decisions binding in any way upon anybody, and their opinions and decisions upon controverted questions, if they choose to give them, have no official determining force. They are only to examine accounts, certify balances, and transmit them to the proper Comptroller for his decision thereon. (R. S., secs. 276-300.) C. C., v. 18, p. 707. Ridgeway's case. Congress may retire an officer from active service and place him on the retired list with a rank different from that which attaches to his office by general laws, and may change the mere rank of an officer on the active or retired list at pleasure, without coming in conflict with the Constitution. (Decisions of the C. C., XV, p. 15Ï) affirmed by Supreme Court. C. C., Woods' case, v. 18, p. 761. A retired officer of the Army is an "officer of the United States" not to act as within the meaning of R. S., sec. 5498, which prohibits, under penalty of fine or imprisonment, or both, every such officer from acting as an agent or attorney for prosecuting any claim against the United States, &c. To appear and argue a case for a claimant would be to support a claim against the United States, and would subject the officer to the penalty prescribed by statute. C. C., v. 18, p. 25. Tyler's case. Negotiations, correspondence, proposals, and acceptances, although, Contracts conducted in writing, but signed only in part by one party and in part in writing. by the other, are not sufficient compliance with R. S., sec. 3744, to constitute a valid contract by the Secretaries of War, Navy, and Interior, which requires such contracts to be "reduced to writing and signed by the contracting parties with their names at the end thereof." C. C., v. 18, p. 165. Case of South Boston Iron Co. 315 Liabilities of The liability of the Government does not generally depend upon the amount of money appropriated. The United States can no more dis- the Government. charge its contracts by part performance than can an individual person do so. Congress may fail to appropriate the money due to a public creditor, in whole or in part, and then leave the public officers without authority to pay him, but the liability remains. money and SEC. 4643. Every assignment of prize or bounty money due to per- Assignments, sous enlisted in the naval service, and all powers of attorney or other &c., of prize. authority to draw, receipt for, or transfer the same, shall be void un- bounty. less the same be attested by the captain, or other commanding officer, and the paymaster. [See sec. 1430, p. 92. ] 30 June, 1864, s. 12, v. 12, p. 310. DISBURSING OFFICERS. SEC. 3643. All persons charged by law with the safe-keeping, trans- Entry of refer and disbursement of the public moneys, other than those connected ceipts and pay. with the Post-Office Department, are required to keep an accurate entry of each sum received and of each payment or transfer. 6 Aug., 1846, s. 16, v. 9, p. 63. ORDNANCE AND GUNPOWDER. ments. The words "ordnance" and "gunpowder" in section thirty-seven 5 Aug., 1882. hundred and twenty-one of the Revised Statutes shall be construed to mean offensive and defensive arms, ammunition and explosives, the ap- words Meaning of ordparatus for their military use, and the materials for producing the whole, nance" and gunand also transportation, necessary information concerning them, and powder." whatever is requisite in military experiments with them. 5 Aug., 1882, chap. 391, v. 22, p. 288. DECIMAL SYSTEM. SEC. 3563. The money of account of the United States shall be ex- Decimrl system pressed in dollars or units, dimes or tenths, cents, or hundredths, and established. inills or thousands, a dime being the tenth part of a dollar, a cent the hundredth part of a dollar, a mill the thousandth part of a dollar; and all accounts in the public offices and all proceedinps in the courts shall be kept and had in conformity to this regulation. 2 April' 1792, s. 20, v. 1, p. 250. EXPLANATION. The act of June 8, 1880, establishing the office of Judge AdvocateGeneral of the Navy should have appeared on page 181, under NAVY DEPARTMENT, instead of on page 109, where it will be found. The references P. E. L. are to the Pamphlet edition of the Statutes at Large, which are now embraced in vol. 22 of the Statutes. The paging corresponds with the volume. INDEX. [The heavy-faced figures in the section column indicate the articles for the government of the Navy, section 1624.] ABANDONED PROPERTY collection and sale of (supplement). ABSENCE from duty or station without leave after leave has expired A. from command without leave, reduction to ordinary seamen.. of members of general courts-martial.......... granting leave of, discrimination in favor of faithful and obedient. of marine officers on account of sickness or wounds.. to employés in the Executive Departments. of heads of Departments and Bureaus ABUSE of inhabitants on shore, or subject to orders.. of persons on vessels under convoy of persons taken on prizes. ACCESSORIES— to piracy, robbery, &c. ACCIDENTS to vessels, report to be made to collectors of customs.. ACCOUNTS of men transferred to accompany them.... balances stated by accounting officers, conclusive upon Executive but subject to revision by Congress or proper courts in which the United States are concerned to be settled in the Treas- in matters of, fiscal year to commence July 1 to be settled within each fiscal year.. except where distances make extension necessary for which President may fix period for settlement.- who will certify and transmit to Second Comptroller for de- of receipts and expenditures of public money to be kept by ACCOUNTS-Continued. finally adjusted by Comptroller to be received and preserved by Auditors.. adjustment of, under general account of advances in examination of, Auditor may administer oaths of lost or captured vessels, credits to paymaster last quarterly returns basis of computation of credits to be paid to widow, &c., in case of death schedule and certificate required.... arrears of, Second Comptroller to prescribe rules for payment...--- commanding officer to be accountable balances due on, suit on refusal to pay over. stay of proceedings and injunctions. of officers in arrears, salary not to be paid defendant may ask for suit, &c ----- of money not authorized as salary, to be rendered monthly ---- of disbursing officers to be sent direct to accounting officer time for rendering, may be extended by Secretary of the of disbursements to be rendered according to appropriations... him and liable to interest on balance until paid punishable by fine and imprisonment in suits, transcript of books evidence presenting false receipts and vouchers to be allowed in conversion to allow disbursements made by order of commanding officer.... 285 167 to hold commanding officer accountable 285 167 to withhold salary of persons in arrears 1766 168 if defendant applies, to report balance to Solicitor for suit... 1766 168 |