« PreviousContinue »
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. [One year's leave pay, as decided by the accounting officers in 1882.]
SEC. 1624, ART. 10. Any commissioned officer of the Title 15,chap.10. Navy or Marine Corps who, having tendered his resigna- Desertion by tion, quits his post or proper duties without leave, and with resignation. intent to remain permanently absent therefrom, prior to 2, v. 12, p. 316.
Aug. 5, 1861, s. due notice of the acceptance of such resignation, shall be Seo note 6: deemed and punished as a deserter.
tion" for amend.
Soo title "De. serters and deser.
ments to this section.
a military or naval officer by the nomination of a successor. The confirmation and appointment of the latter vacates tho ottice of the former. (Blake's Case, Supreme Court, Otto, 103, p. 227; also see Otto, 97, p. 426, Mimmack's Case, and Otto, 102, 126, McElrath's Case.)
So much of this section (1624) as relates to dismissal in time of peace did not take effect before August 20, 1866, on which day, in contemplation of law, the rebellion against the national authority was suppressed. (S.C., Otto, 102, p. 426.)
Not the effect of this act (sec. 1624) to withdraw the power of the President to supersede an officer by appointment, by and with the advice and consent of the Senate, of another. (Otto, 103, p. 226.)
Article 37, section 1624 (12 of act of Mar. 3, 1865, 13 Stat., 489), is constitutional and imperative. It provides, in certain contingencies, for the restoration of the oflicer to the service, and leaves the dismissal in full force if those contingencies do not happen. (Op., XII, p. 4, Stanbery, Aug. 6, 1866.)
The President in 1861 had the power to dismiss an officer from the Marine Corps. (Tyler's Case, Op., XV, p. 421, Jan. 8, 1878.)
Dismissal of an acting master, March, 1862, by the Secretary of the Navy, lawful. In the absence of legislation, the Secretary had a right to determine at what time an acting appointment should cease. (A. M. Smith's Case, Op., XV, p. 560, A pr. 25, 1876.)
The Secretary of the Navy had the power to dismiss an acting gunner on temporary service" in the volunteer Navy. The power to appoint gunners to an undefined extent does not preclude the appointment of acting gunners also. (Soper's Case, Op., XV, p. 564, June 10, 1876.) The seventeenth
section of the act of July 12, 1862, chap. 200, v. 12, p. 594, authorized and requested the President to dismiss and discharge from the military service, either in the Army, Nary, Marine Corps, or volunteer force in the United States service, any officer for any cause which, in his judgment, either rendered such officer unsuitable for, or whose dismission would promote, the public service. This section was repealed by section 5 of an act approved July 13, 1866, chap. 176, v. 14, p. 90.
In a case where an officer was dismissed by the President, and the dismissal rovoked in due form, no unreasonable time having elapsed, the vacancy not having been filled, and the rights of other parties not having intervened, the revocation presents only a case of Executive anthority, which has repeatedly been exercised; but in view of late decisions the court gave judgment for the claimant in order that the caso might go to the Supreme Court. (C.C., XVII, p. 344, Corson's Case, Dec., 1881, term.)
Tho President, by and vith the advice and consent of the Senate, may, by reappointment and commission, restore lost rank, including seniority, to an officer of the Army or Navy. Cases cited. (Op. VIII, 223 Cushing, Dec. 10, 1856.)
In the same way he can correct the date of a military appointment, or an error in the date of appointment, or an inadvertence to nominate an oflicer entitled to promotion by ten years' service. (Op. III, 307; VIII, 223.)
The right of a reinstated officer to pay during the time he was out of the service must depend on the will of Congress, as expressed in the act authorizing his rein. statement, and not upon the date of his commission. (C.C., XV, 41, Kilburn's Case.)
Commissions signed by his predecessor should be regarded by the President as conclusive evidence of the officers' right to the rank and authority given thereby. While their commissions stand the President should respect them, and in making promotions by seniority have regard for them. If wrong has been sustained, Con. gress can remedy it by a special relieť act empowering the President. (Op. XVI, 583, Devens, Dec. 9, 1880.)
Vote 6.-An offer to resign is revocable by the officer prior to its acceptance. After acceptance and before it has taken effect it may be modified or withdrawn entirely by the consent of both parties. Control over it, in point of duration, extends no further. (Op., XIV, p. 260, June 17, 1873; Op., XII, p. 555, Feb. 10, 1869.)
. A resignation tendered to take effect on a future day, and placed in the hands of a party to be delivered to the President, can be recalled before delivery. Its subse. quent delivery is not binding. (Op., XIII, p. 77, June 2, 1869.)
A valid resignation of a military officer, followed by an unconditional acceptance of it, operates to remove the incumbent, and a new appointment is required to restore him to the office. (Op., XII, p. 555, Feb. 10, 1869.) But in cases where the officer was insane at time of resignation, his action was held to be a nullity and capable of being rectified. (Ops., III, p. 641, VI, p. 456, and X, p. 229.) If the vacancy has beon properly filled, the acceptance can not be legally revoked. (Op., XV, p. 469, Mar. 22, 1878; Otto, 103, p. 227.) A civil officer has a right to resign at his own pleasure, and it is only necessary
See sec. 1624.
[See also NAVAL ACADEMY.]
424. Chief of Bureau.
Restriction on promotions.
Assignment to colleges.
Seo sec. 1476.
SEC. 424. The Chief of the Bureau of Steam Engineering Chiefof Bureau, shall be appointed from the chief engineers of the Navy,
July 5, 1862, s. and shall be a skillful engineer. 1, v. 12, p. Title 15, chap. 1. SEC. 1390. The active list of the Engineer Corps of the
Engine or Navy shall consist of seventy chief engineers, who shall be Corps, number divided into three grades, by relative rank, as provided in
Mar. 3, 1871, s. 7, Chapter Four of this Title; v. 16, p. 536; Feb.
Ten chief engineers; 24, 1874, v. 18, p. 17; Aug. 5, 1882. Fifteen chief engineers; and 22 Stat. L., p. 286.
Forty-five chief engineers, who shall have the relative 20 A. G. Op., p. rank of lieutenant-commander or lieutenant.
And each and all of the above-named officers of the Engi. neer Corps shall have the pay of chief engineers of the Navy, as now provided.
Sixty passed assistant engineers, who shall have the relathe junior grade, tive rank of lieutenant or master; and Mar. 3, 1883, 1 Supp. R. S., p. Forty assistant engineers, who shall have the relative
rank of master or ensign; and the said assistant engineers shall have the pay of passed and assistant engineers of the
Navy, respectively, as now provided. August 5, 1882. That the active list of the engineer corps of the Navy
shall hereafter consist of ten chief engineers with the relaEn hun opor tive rank of captain, fifteen chief engineers with the relative Corps, number of
rank of commander, forty-five chief engineers with the relaR.S., sec. 1390. tive rank of lieutenant-commander or lieutenant, sixty Mar. 2, 1889, cb.
passed assistant engineers, and forty assistant engineers, with the relative rank for each as now fixed by law;
And after the number of officers in the said grades shall Mar 3, 1983
, ch, be reduced as above provided, the number in each grade 97 par. 3, vol. 22, shall not exceed the reduced number which is fixed by the Stat. L., 1 Supp. R. S., p. 401. provisions of this act for the several grades.
That no officer now in the service shall be reduced in rank duced or dropped.
or deprived of his commission by reason of any provision of this act reducing the number of officers in the several statt corps:
See note 1.
Number not to be exceeded
No officer re.
that it should be received by the Executive. Its acceptance or rejection by him is unimportant. (U.S. v. Wright, 1 McLean, 509.)
A resignation does not become operative until the oflicer is officially notified of the acceptance of the same. Mere acceptance, without notice, does not give effect to the resignation. It is not until due notice of the same is received that the officer is legally separated from the Army and made a civilian, and up to the date of such notice he is entitled to pay. (Winthrop's Digest, p. 430.)
Note 1.–The titles ot' first and second assistant engineers were changed to passed and assistant engineers, respectively, February 24, 1874. The grade of third assist. ant was abolished July 15, 1870.
See same sec., " Rank and Precedence."
SEC. 1391. Engineers shall be appointed by the Presi. Title 15, chap. 1, dent, by and with the advice and consent of the Senate. A ppointment.
Ang. 31, 1842, 8. 6, v.5, p.577; Mar, 3, 1845, 8. 7, v. 5, p. 794; July 25.
1866, s. 7, v. 14, p. SEC. 1392. No person under nineteen or over twenty-six Qualifications. years of age shall be appointed an assistant engineer in the 8. X. 16, p. 536
Feb. 24, 1874, v.18, Navy; nor shall any person be appointed or promoted in
p. 17; July 25, the Engineer Corps until after he has been found qualified 1866, s. 7, v. 14, p. by a board of competent engineers and medical officers See note 2. designated by the Secretary of the Navy, and has complied with the existing regulations.
SEC. 1393. The President may designate among the chief Engineer of the engineers in the service, and appoint to every fleet or
Apr, 21, 1864, s. squadron, an engineer, who shall be denominated engi. 7, v. 13, p. 54. neer of the fleet." SEC. 1471. The Chief
of the Bureau of Steam Title 15, chap. 4. Engineering shall have the relative rank of commodore Rank of Chief while holding said position, *
and the title of of Bureau.
Mar. 3, 1871, 8. engineer-in-chief.
12, v. 16, p. 537. SEC. 1476. Officers of the Engineer Corps on the active list shall have relative rank as follows: Of the chief engineers, ten shall have the relative rank of on the active
list. captain, fifteen that of commander, and forty-five that of Mar. 3, 1871, s. lieutenant-commander or lieutenant.
7, v. 16, p. 536; Feb. 24, 1874, v.
18, p. 17. Passed assistant engineers shall have the relative rank of Lieutenant of
the junior grade. lieutenant or master, and assistant engineers that of mas- Mar. 3, 1883, i ter or ensign.
Supp. R. S., p. SEC. 1481. Officers of the
Engineer Corps When retired who shall have served faithfully for forty-five length of service.
Mar. 3, 1871, s. years, shall, when retired, have the relative rank of com- 11,v.16, p.537. modore; and
who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. SEC. 1184. Engineer officers graduated at the Naval Engineers
graduated at the Academy shall take precedence with all other officers with Academy,
Mar. 3, 1873, s. whom they have relative rank, according to the actual 1, v. 17, p. 555. length of service in the Navy.
2, 1889, “An act to regulate the
Nary Academy." SEC. 1488. The relative rank given by the provisions of Military comthis chapter to officers of the
Engineer Corps Aug. 5, 1854, s. shall confer no authority to exercise military command. 4, v. 10, p. 587; G.
from age or
See noto 3.
course at the
0., Aug. 31, 1816, and May 27, 1847; Mar. 3, 1859, s. 2, v. 11, p. 407.
Note 2.-The naval appropriation act approved Angust 5, 1882, requires that thero- 22 Stat. L., p. after all appointments to the Engineer Corps shall be made from naval cadets, grad - 286. uates of the year in which the vacancies which they are appointed to till shall occur. (See Naval Academy.)
Note 3.-Engineer officers, graduates of the Naval Academy, are not entitled to See sec. 1484. the six years' constructive service allowed to other statt officers of the Navy in estimating length of service. Engineer oflicers not graduated at the Academy stand on the same tooting with other staff officers, and are entitled to the constructive service. (Op., XV, p. 336, Devens, July 11, 1877.)
Title 15, chap. 8. SEC. 1556.
Fleet engineers, four thousand four Pay of fleet en hundred dollars.
Chief engineer having the same gineers.
rank as pay director and pay inspector, when on duty at sea, four thousand four hundred dollars. When not at sea,
the same as surgeons and paymasters, respectively. Chiof engi. Chief engineers, who have the same rank with paymasters,
during the first five years after date of commission, when at sea, two thousand eight hundred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thousand dollars; during the second five years after such date, when at sea, three thousand two hundred dollars; on shore duty, two thousand eight hundred dollars; on leave, or waiting orders, two thousand four hundred dollars; during the third five years after such date, when at sea, three thousand five hundred dollars; on shore duty, three thousand two hundred dollars; on leave, or waiting orders, two thousand six hundred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand dollars.
Passed assistant engineers, during the first five years ant engineers.
after date of appointment, when at sea, two thousand dol. lars; on shore duty, one thousand eight hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; after five years from such date, when at sea, two thousand two hundred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand
seven hundred dollars. Mar. 3, 1885. That from and after the passage of this act the passed 23 Stat. L., 436. assistant engineers of the Navy shall receive during the Supp. R. S., p. third five years after the date from which they take rank l'assed assist as passed (first) assistants, when at sea, two thousand four ant engineers of hundred and fifty dollars; on shore duty, two thousand creased longev- two hundred and fifty dollars; on leave or waiting orders,
one thousand nine hundred dollars. During and after the Feb. 24, 1874, fourth five years from such date, when at sea, two thousand
seven hundred dollars; on shore duty, two tivousand three hundred and fifty dollars; on leave or waiting orders, one thousand nine hundred and fifty dollars. And section fif. teen hundred and fifty-six of the Revised Statutes is hereby
amended accordingly. Assistantengi. Assistant engineers, during the first five years after July 26, 1894, in date of appointment, when at sea, one thousand seven regard to fill in hundred dollars; on shore duty, one thousand four hundred
in this grade. dollars; on leave, or waiting orders, one thousand dollars; July 15, 1870 8. 3, v. 16. ). 331; after five years from such date, when at sea, one thousand Mar. 3, 1871, 80. 5, nine hundred dollars; on shore duty, one thousand six bunNar: 3, 1893, 0.1, dred collars; on leave, or waiting orders, one thousand two v. 17. p.555, Feb. hundred dollars. 2+, 1874, v. 18, p.
R.S., sec. 1556.
neers. Seo act of
6, . 16, p. 535;
25 Stat. L., 491.
cers of Army and
tional institu. tions.
R. S., , as amended by
217 (23 Stat. L.,
For the purpose of promoting a knowledge of steam-engi. Feb. 26, 1879. neering and iron-ship building among the young men of Detail of engi the United States, the President may, upon the application Teces. of an established scientific school or college within the Feb. 26, 1879, v. United States, detail an officer from the Engineer Corps of 20, p. 322. the Navy as professor in such school or college: Provided, That the number of officers so detailed shall not at any time exceed twenty-five, and such details shall be governed by rules to be prescribed from time to time by the President: And provided further, That such details may be withheld or withdrawn whenever, in the judgment of the President, the interests of the public service shall so require.
That section twelve hundred and twenty-five of the Re- Sept. 26,1888. vised Statutes of the United States, as amended by an act of Congress approved July fifth, eighteen hundred and Detail of otti eighty four, be, and the same is hereby, further amended, Navy to educa so as to read as follows:
“SEC. 1225. The President may, upon the application of Substitute for any established military institute, seminary or academy, col-ag... 1225 lege or university, within the United States having capacity 1884, July 6 ch. to educate at the same time not less than one hundred and 108.) fifty male students, detail an officer of the Army or Navy to act as superintendent, or professor thereof; And they shall be apportioned throughout the United i How appor
tioned through States, first, to those State institutions applying for such U.S. detail that are required to provide instruction in military 130 (12"stat. ...,
2, 1862, ch. tactics under the provisions of the act of Congress of July 503). second, eighteen hundred and sixty-two, donating lands for the establishment of colleges where the leading object shall be the practical instruction of the industrial classes in agriculture and the mechanic arts, including military tactics; and after that, said details to be distributed, as nearly as may be practicable, according to population.
The Secretary of War is authorized to issue, at his dis- Secretary of eretion and under proper regulations to be prescribed by ordnance stores him, out of ordnance and ordnance stores belonging to the to such instituGovernment, and which can be spared for that purpose, such number of the same as may appear to be required for military instruction and practice by the students of any college or university under the provisions of this section, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof, and for the return of the same when required":
Provided, That nothing in this act shall be so construed Detail of engi as to prevent the detail of officers of the Engineer Corps Navy as profesof the Navy as professors in scientific schools or colleges seronscientific as now provided by act of Congress approved February Feb. 26. 1879, twenty-sixth, eighteen hundred and seventy-nine, entitled "An act to promote a knowledge of steam-engineering and iron-ship building among the students of scientific schools or colleges in the United States;
"And the Secretary of War is hereby authorized to issue Colleges, etc., ordnance and ordnance stores belonging to the Government
officers of Army on the terms and conditions bereinbefore provided to any are assigned to college or university at which a retired officer of the Army ordnance stores.
to which retired