1880. in. See May 3, ounces of dried apples, or other dried fruit; or three-quarters of a pound of preserved meat, with a half pound of rice, two ounces of butter, and one ounce of desiccated "mixed vegetables;" or three-quarters of a pound of preserved meat, two ounces of butter, and two ounces of desiccated potatoes; together with fourteen ounces of biscuit, one-quarter of an ounce of tea, or one ounce of coffee or cocoa, and two ounces of sugar; and a weekly allowance of half a pint of pickles, half a pint of molasses, and half a pint of vinegar. Apr. 17, 1862, s. 4, v. 12, p. 381. 1880. Substitutions SEC. 1581. The following substitution for the components July 18,1861, 88. of the ration may be made when it is deemed necessary by 2, 3, 4, v. 12, p. 265; the senior officer present in command: For one pound of salt beef or pork, one pound and a quarter of fresh meat or See May 3, three-quarters of a pound of preserved meat; for any or all of the articles usually issued with the salted meats, vegetables equal to the same in value; for fourteen ounces of biscuit, one pound of soft bread, or one pound of flour, or half a pound of rice; for half a pint of beans or pease, half a pound of rice, and for half a pound of rice, half a pint of beans or pease. And the Secretary of the Navy may substitute for the ration of coffee and sugar the extract of coffee combined with milk and sugar, if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration: Provided, That the same shall be acceptable to the men. Short allow. ance. July 18, 1861, 4, v. 12, p. 265. s. Rations stopped for the sick. SEC. 1582. In case of necessity the daily allowance of provisions may be diminished at the discretion of the senior officer present in command; but payment shall be made to the persons whose allowance is thus diminished, according to the scale of prices for the same established at the time of such diminution. And every commander who makes any diminution or variation shall give to the paymaster written orders therefor, specifying particularly the diminution or variation which is to be made, and shall report to his commanding officer, or to the Navy Department, the necessity for the same. SEC. 1583. Rations stopped for the sick on board vessels Mar. 3, 1851, s. shall remain and be accounted for by the paymaster as a June 22, 1860, s. 3, part of the provisions of the vessels. 1, v. 9, p. 621; v. 12, p. 83. tion. Additional ra- SEC. 1584. An additional ration of tea or coffee and sugar May 23, 1872, s. shall be hereafter allowed to each seaman, to be provided 1, v. 17, p. 151. at his first "turning out." Commutation price of ration. SEC. 1585. Thirty cents shall in all cases be deemed the July 15, 1870, 8. Commutation price of the Navy ration. 4. v. 16, p. 333. Retired officers. July 16, 1862, s. SEC. 1595. Rations shall not be allowed to officers on the 20, v, 12, p. 587. retired list. See "Retire. ment," sec. 1595. Title 15, chap. 9. SEC. 1615. The non-commissioned officers, privates, and Rations to en- musicians of the Marine Corps shall, each, be entitled to listed men, Ma- receive one Navy ration daily. rine Corps. July 1, 1797, s. 6, v, 1, p. 524; July 11, 1798, s. 2, v. 1, p. 595. See Marine Corps," sec. 1615. Mar. 2, 1891. No law shall be construed to entitle enlisted marines on shore duty to any rations or commutation therefor other than Limit of rations such as now are or may hereafter be allowed to enlisted men in the army. marines shore duty. on R. S., sec. 1615. Title 43. without adver SEC. 3721. The provisions which require that supplies shall be purchased by the Secretary of the Navy from the Purchases lowest bidder, after advertisement, shall not apply to tisements. * the supplies which it may be necessary to purchase out of the United States for vessels on foreign sta * * tions, or butter ** * Contracts for butter destined for the use ** for the use of the Navy may be made for periods longer than one year, if, in the opinion of the Secretary of the Navy, economy and the quality of the ration will be promoted thereby. 典 3, Butter. Mar. 3, 1845, s. v. 5, p. 794; Mar. 3, 1847, s.2, v. 9, p. 172; Aug. *3, 1848, s. 11, v. 9, p. 272; Mar. 28, 1865, s. 7, v. 13, p. 467. Preserved meats, etc. 7, v. 12, p. 265. SEC. 3726. The Secretary of the Navy is authorized to procure the preserved meats, pickles, butter, and desiccated July 18, 1861, s. vegetables, in such manner and under such restrictions and guarantees as in his opinion will best insure the good quality of said articles. bread. SEC. 3727. The Secretary of the Navy is authorized to, Flour and purchase, in such manner as he shall deem most advanta geous to the Government, the flour required for naval use; and to have the bread for the Navy baked from this flour by special contract under naval inspection. SEC. 4812. For every Navy officer, seaman, or marine Title 59, chap. 1. admitted into a Navy hospital, the institution shall be Allowance allowed one ration per day during his continuance therein, râtions to Navy hospitals. to be deducted from the account of the United States with Feb. 26, 1811, s. such officer, seaman, or marine. 4, v. 2, p. 650. The Secretary of the Navy may substitute for the ration of "two ounces of desiccated potatoes" six ounces of desiccated tomatoes if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present it. ration, provided the same shall be acceptable to the men. In the event the Secretary of the Navy orders such substi tution he is authorized to have sold at public auction any desiccated potatoes on hand, the proceeds of which sale shall be used in the purchase of desiccated potatoes for the use of the Navy. Desiccated tomatoes as a sub Title 15, chap. 3. Sec. RETIREMENT. 1463. Assigned to command of squadrons and ships. 1464. Commanders of squadrons, from 1465. When restored to active list. 1482. Retired for causes incident to serv- 1588. Pay of retired officers. 1589. Pay of certain rear-admirals. 1590. Pay of third assistant engineers. 1591. Pay not increased by promotion. 1592. Pay on active duty. 1593. Pay of officers retired on furlough. 1594. Transfer from furlough to retired SEC. 1443. When any officer of the Navy has been forty After 40 years' years in the service of the United States he may be retired from active service by the President upon his own application. service. Aug. 3, 1861, s. 21, v. 12, p. 290. Mar. 3, 1883. Hereafter there shall be no promotion or increase of pay Promotions in the retired list of the Navy but the rank and pay of offipay for retired cers on the retired list shall be the same that they are when officers prohib- such officers shall be retired. and increase of ited. R.S., secs. 1443 1465. of age or 45 years' service. After 62 years SEC. 1444. When any officer below the rank of ViceAdmiral is sixty-two years old, he shall, except in the case 1. v. 12, p. 329; provided in the next section, be retired by the President June 25, 1864, s. from active service. Dec. 21, 1861, s. 1, v. 13, p. 183; Dec. 21, 1864, s. 3, v. 13, p. 420; July 16, 1862, s. 8, v. 12, p. 584; Mar. 3, 1873, v. 17, p. 556. tain ranks to be Officers of cer- SEC. 1445. The two preceding sections shall not apply retired only for to any lieutenant-commander, lieutenant, lieutenant of the disability. junior grade, ensign, passed assistant surgeon, passed asJuly 15, 1870, s. 6, v. 16, p. 333; sistant paymaster, passed assistant engineer, assistant sur18. p. 17; Mar. 3, geon, assistant paymaster, or assistant engineer; and such officers shall not be placed upon the retired list, except on account of physical or mental disability. Feb. 24, 1874, v. 1883. Officers who have received a 8, v. 12, p. 584. SEC. 1446. Officers on the active list, not below the grade vote of thanks. of commander, who have, upon the recommendation of the July 16, 1862, 8. President, received by name, during the war for the sup pression of the rebellion, a vote of thanks of Congress for distinguished service, shall not be retired, except for cause, until they have been fifty-five years in the service of the United States. Officers reject ed for promotion. See sec. 1456, SEC. 1447. When the case of any officer has been acted Apr. 21, 1864, s. upon by a board of naval surgeons and an examining board 4, v. 13, p. 53. for promotion, as provided in Chapter Four of this Title, and act of Aug. 5, and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list. 1882. duct. See sec. 1456. Whenever on an inquiry had pursuant to law, concerning Aug. 5, 1882. the fitness of an officer of the Navy for promotion, it shall Not to be reappear that such officer is unfit to perform at sea the duties tired for miscon of the place to which it is proposed to promote him, by Aug. 5, 1882. reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and heard upon the charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year's pay. Retiring board. v. 12, p. 291. Aug. 3, 1861, s. SEC. 1448. Whenever any officer, on being ordered to Title 15, chap. 3. perform the duties appropriate to his commission, reports himself unable to comply with such order, or whenever, in 23, the judgment of the President, an officer is incapacitated to perform the duties of his office, the President, at his discretion, may direct the Secretary of the Navy to refer the case of such officer to a board of not more than nine nor less See note 1. than five commissioned officers, two-fifths of whom shall be members of the Medical Corps of the Navy. Said board, except the officers taken from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the officer whose disability is inquired of. Powers and du ties of. SEC. 1449. Said retiring-board shall be authorized to inquire into and determine the facts touching the nature Aug. 3, 1861, 8. and occasion of the disability of any such officer, and shall 17, v. 12, p. 290. have such powers of a court-martial and of a court of inquiry as may be necessary. bers. SEC. 1450. The members of said board shall be sworn in, Oath of memeach case to discharge their duties honestly and impartially.Aug. 3, 1861, s. 23, v. 12, p. 291. Findings. Idem. Revision by the President. SEC. 1451. When said retiring-board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, produced his incapacity, and whether such cause is an incident of the service. SEC. 1452. A record of the proceedings and decision of the board in each case shall be transmitted to the Secretary of the Navy, and shall be laid by him before the President for his approval or disapproval, or orders in the case. SEC. 1453. When a retiring-board finds that an officer is Disability by incapacitated for active service, and that his incapacity is service. the result of an incident of the service, such officer shall, 23, v. 12, p. 291. if said decision is approved by the President, be retired from active service with retired pay, as allowed by Chapter Eight of this Title. SEC. 1454. When said board finds that an officer is incapacitated for active service and that his incapacity is not Note 1.-No power of review over the proceedings of a retiring board exists by law where its finding has been once approved by the President and his "orders in the case executed. (Op., XV, p. 446, Devens, Feb. 8, 1878, Rodney's Case.) Where a naval retiring board, convened to inquire into the nature and cause of the disability of an officer, has once finished its work, rendered a complete judgment in the case, and adjourned, a subsequent reconsideration of its judgment by the board, unless authorized or directed by proper authority, can have no legal effect. (Op., XVI, p. 104, Devens, July 25, 1878, Rodney's Case.) Note 2.-The act of August 3, 1861, chap. 42, s. 23 (12 Stat L., 291, now R. S., secs. 448, 1455), applies to warrant officers, and they may be retired as well as commissioned officers. The President's act in retiring a boatswain in 1872 was legal and valid. See title "Warrant officers," secs. 1406, 1417. an incident of the Aug. 3, 1861, s. Disability by other causes. Idem. Retirement of warrant officers. C. C., v. 18, p. 537. Brown's Case. 96. 18 A. G. op., P. the result of any incident of the service, such officer shall, See Aug. 5,1882. if said decision is approved by the President, be retired from active service on furlough-pay, or wholly retired from service with one year's pay, as the President may determine. Not to be retired without a hearing. Idem. SEC. 1455. No officer of the Navy shall be retired from active service, or wholly retired from the service, without a full and fair hearing before such Navy retiring-board, if he shall demand it, except in cases where he may be retired by the President at his own request, or on account of age or length of service, or on account of his failure to be recommended by an examining board for promotion. Not to be re- SEC. 1456. No officer of the Navy shall be placed on the retired list because of misconduct; but he shall be brought July 15, 1870, s. to trial by court-martial for such misconduct. tired for misconduct. 6, v. 16, p. 333. See sec. 1447 and act Aug. 5, 1882. Privileges and liabilities. 4, 290, 291. SEC. 1457. Officers retired from active service shall be Jan. 16, 1857, s. placed on the retired list of officers of the grades to which 4. v. 11, p. 154: they belonged respectively at the time of their retirement, 22, 23, 24, v. 12, pp. and continue to be borne on the Navy Register. They shall be entitled to wear the uniform of their respective grades, and shall be subject to the rules and articles for the government of the Navy and to trial by general court-martial. The names of officers wholly retired from the service shall be omitted from the Navy Register. See notes 3, 4, and 5. Vacancies retirement. by Aug. 3, 1861, s. SEC. 1458. The next officer in rank shall be promoted to the place of a retired officer, according to the established 22, v. 12, p. 291; rules of the service; and the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer. Dec. 21, 1861, s. 6, v. 12, p. 330. Withdrawn SEC. 1459. Officers on the retired list shall be withdrawn from command. Aug. 3, 1861, s. from command, except in the case provided in sections 22, v. 12, p. 290: fourteen hundred and sixty-three and fourteen hundred and sixty-four, and from the line of promotion on the active list. Dec. 21, 1861, ss. 3,4, v. 12, p. 329. See note 6. See Aug. 1882. 5, Active duty. SEC. 1462. No officer on the retired list of the Navy shall p. 547. See note be employed on active duty except in time of war. Mar. 3, 1873, v. 17, 3, Title Dismissal and Resignation of Officers." Note 3.-An act of January 30, 1875, v. 18, p. 304, provided for difference of pay for certain officers dropped, retired, etc., under the act of February 28, 1855. Note 4.-The appointment of a line officer of the Navy to be the chief of a bureau is an investiture of him with an additional office. While holding that office he has the relative rank of commodore, but remains in his lineal position in the Navy. The grade to which he belongs for the purposes of section 1457 is that which he holds in the Navy, and not that of the relative rank incidental to his temporary occupation of another and distinct office. (Op. July 8, 1881, MacVeagh. Whiting's Case. See also Op., X, p. 378.) Retirement of officers. Note 5.-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 C. C., Woods's laws, and may change the mere rank of an officer on the active or retired list at Case, v. 18, p. 761. pleasure, without coming in conflict with the Constitution. (Decisions of the C. C., XV, p. 151, affirmed by Supreme Court.) Note 6. Sections 1460 and 1461, from the acts of July 16, 1862, s. 14, v. 12, p. 585; Aug. 15, 1876, v. 19, p. 204; July 25, 1866, s. 1, v. 14, p. 222; Jan. 16, 1857, ss. 4 and 11, p. 154; Jan. 30, 1875, v. 18. p. 304, and Mar. 2, 1867, s. 9, v. 14. p. 517, contained provisions for the promotion of officers on the retired list, under certain conditions. They were repealed or annulled by the act of Aug. 5, 1882, forbidding such promotion. |
