one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. as paymaster sea. SEC. 1564. Any person performing the duties of paymas- Person acting ter, acting assistant paymaster, or assistant paymaster, in when office vaa ship at sea, or on a foreign station, or on the Pacific coast cant in ship at of the United States, by appointment of the senior officer July 17, 1861, s. present, in case of vacancy of such office, in accordance with the provisions of section thirteen hundred and eightyone, and not otherwise, shall be entitled to receive the pay of such grade while so acting. PAY AND ALLOWANCES. PAY (active, retired, and furlough); EXTRA PAY; ALLOW- 4. v. 12, p. 258. SEC. 1556. The commissioned officers and warrant officers Title 15, chap. 8. on the active list of the Navy of the United States, and the Note 1.-Pay does not include rations or subsistence. (Op., II, 420, 593.) The word "pay in acts of Congress concerning compensation of officers of the Army, Navy, and Marine Corps does not embrace the emoluments or allowances which are given by law in the absence of a clearly expressed intention to that effect. ("Levant" Case Op., X, 284.) The word "emolument," in military statutes, includes every allowance or perquisite annexed to an office for the benefit of the officer, and by way of com pensation for services. Quarters are so given, and whether in money or in kind, arenone the less an emolument. Pay and emoluments include quarters. (Op., IX, 284.) "Compensation" is equivalent to the words "pay" or "salary;" does not include rations nor extra expenses. (Op., II, 593; III, 152.) It is within the authority of Congress to reduce the pay or allowances of officers and soldiers at any time during their period of service or enlistment. It can not be done by Executive authority or military authority; nor can a soldier's pay be withheld except in pursuance of law or sentence. (Winthrop, 366.) Where an act of Congress fixes the compensation of an officer of the Government it can neither be enlarged nor diminished by any regulation or order of the President or of a Department, unless the power to make the same is given by act of Congress. (Goldsborough v. United States, Taney, 80.) An officer or soldier can not be dismissed, discharged, or mustered out as of a prior date with the effect of depriving him of pa, accrued between that date and the date of the actual discharge, etc. (Winthrop's Digest, 362.) It is not within the power of the executive department, or any branch of it, to reduce the pay of an officer of the Army. (Winthrop, p. 366: quotes 23 Wallace, 416.) So long as a person is in the Army or the Navy he is entitled to receive the pay belonging to the position, unless he has forfeited it in accordance with the provisions of law. (Op., XIII, 104, June 16, 1869; Op., XV, 175, Nov. 9, 1876.) An officer is entitled to the salary allowed by law, and is not limited to the amount appropriated by Congress. (C. C., I, 380.) An officer's "pay account" is not commercial paper, but in its legal aspect a mere receipt. If assigned, and payment made to the assignee, the name of the latter on the back does not make him responsible to the paymaster as an indorser, on ascertaining that the officer has already drawn his pay for the month. (Winthrop's Digest, 361.) A paymaster on shore duty at a navy yard is not entitled to pay for sea duty, though required by the Secretary of the Navy, in addition to his regular duties, to take charge of the accounts of certain ironclads temporarily at anchor off the yard and in commission for sea service. (Carpenter's Case, C. C., XV, 247.) Graduated pay of officers. (See Op., X, p. 97, Aug. 13; p. 101, Aug. 19, 1861; and p. 326, Aug. 28, 1862.) See note 1. Rear-admirals. Commodores. Captains. Commanders. Lieutenantcommanders. Lieutenants. Masters. [Grade abol. ished.] Navy. 347. case. McClure's petty officers, seamen, ordinary seamen, firemen, coalheavers, and employés in the Navy, shall be entitled to receive annual pay at the rates herein stated after their respective designations: Rear-admirals, when at sea, six thousand dollars; on shore duty, five thousand dollars; on leave, or waiting orders, four thousand dollars. Commodores, when at sea, five thousand dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand dollars. Captains, when at sea, four thousand five hundred dollars; on shore duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars. Commanders, when at sea, three thousand five hundred dollars; on shore duty, three thousand dollars; on leave, or waiting orders, two thousand three hundred dollars. Lieutenant-commanders, during the first four 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; after four years from such date, when at sea, three thousand dollars; on shore duty, two thousand six hundred dollars; on leave, or waiting orders, two thousand two hundred dollars. Lieutenants, during the first five years after date of commission, when at sea, two thousand four hundred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand six hundred dollars; on shore duty, two thousand two hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars. Lieutenants, junior grade, the pay of masters. Masters, during the first five years after date of commission, when at sea, one thousand eight hundred dollars; on shore duty, one thousand five hundred dollars; on leave, or waiting orders, one thousand two hundred dollars; after five years from such date, when at sea, two thousand dollars; on shore duty, one thousand seven hundred dollars; on leave, or waiting orders, one thousand four hundred dollars. Grades in the In the Navy there are grades for duty, for honor, and for C. C, v. 18, p. 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 one-half of his sea-pay at the time of retirement, and no more. ** one hundred masters, the title of which grade is hereby changed to that of lieutenants. Mar. 3, 1833. 22 Stat. L., 472. in Masters Navy to be styled lieutenants. R. S., secs. 1362, 1363, 1466, 1556. -to be a junior grade. For the pay of * And the masters now on the list shall constitute a junior grade of, and be commissioned as, lieutenants, having the same rank and pay as now provided by law for masters, but promotion to and from said grade shall be by examination as provided by law for promotion to and from the grade of master, And nothing herein contained shall be so construed as to increase the pay now allowed by law to any officer in the line or staff; Pay not increased. Ensigns, during the first five years after date of commis- Ensigns. sion, when at sea, one thousand two hundred dollars; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; after five years from such date, when at sea, one thousand four hundred dollars; on shore duty, one thousand two hundred dollars; on leave, or waiting orders, one thousand dollars. Ensigns, junior grade, the pay of midshipmen. Midshipmen, after graduation, when at sea, one thousand dollars; on shore duty, eight hundred dollars; on leave, or waiting orders, six hundred dollars. [Grade abolished.] 3, Midshipmen. July 15, 1870, s. Feb. 20, 1874, v. 18, p. 17; Mar.3, 1883. Midshipman to Ninety-one midshipmen, the title of which grade is hereby be styled ensign. changed to that of ensign. R. S.,secs. 1362, 1556. grade. And the midshipman now on the list shall constitute a-to be a junior junior grade of, and be commissioned as, ensigns, having June 26, 1884, the same rank and pay as now provided by law for mid. ch. 122, p. 446. shipmen, but promotions to and from said grade shall be under the same regulations and requirements as now provided by law for promotion to and from the grade of midshipmen, And nothing herein contained shall be so construed as to increase the pay now allowed by law to any officer of said grade or of any officer of relative rank; Pay not increased. men. Cadet midshipJuly 15, 1870, s. Mar. 3, 1877, v. 19, 3. v. 16, p. 330; p. 390; Aug. 5, 1882. Cadet midshipmen [naval cadets], five hundred dollars; during such period of their course of instruction as they shall be at sea in other than practice ships, shall each receive as annual pay not exceeding nine hundred and fifty dollars. Cadet engineers, before final academic examination, five, Cadet engi hundred dollars; after final academic examination, and July 4, 1864, s. until warranted as assistant engineers, when on duty at Mar. 3, 1865, s. 1, sea, one thousand dollars; on shore duty, eight hundred v. 13, p. 539; July dollars; on leave, or waiting orders, six hundred dollars. p. [Now styled naval cadets.] neers. 5, v. 13, p. 393; 15, 1870, s. 3, v. 16, 330-332. See note 2. July 15, 1870, s. Aug. 1, 1894, 28 Stat., 212. And the said mates shall be entitled to receive annual pay at the rates following: when at sea, one thousand two 3. v. 16, p. 330; hundred dollars; on shore duty, nine hundred dollars; on leave, or waiting orders, seven hundred dollars. Fleet-surgeons, fleet-paymasters, and fleet-engineers, four thousand four hundred dollars. Medical directors, medical inspectors, pay directors, and pay inspectors, and chief engineer, having the same rank as pay director and pay inspector, when on duty at sea, four thousand four hundred dollars. Note 2.-The act of Aug. 5, 1882, 22 Stat. L., p. 284, changing the title of all students at the Academy to naval cadets, gives them the pay cadet midshipmen were then receiving. Fleet officers. July 15, 1870, s. 3, v. 16, p. 330. Medical directors, pay direct ors and inspect ors and inspectors, and chief engineer, of same rank, etc. July 15, 1870, s. 3, v. 16, p. 331; When not at sea, the same as surgeons and paymasters, Mar. 3, 1871, ss. 5, respectively. 6, v. 16, p. 535; Mar. 3, 1873, s. 1, v. 17, p. 555. Surgeons, pay: masters, and Surgeons, paymasters, and chief engineers who have the chief engineers. 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 assist- Passed assistant surgeons, passed assistant paymasters, paymasters, and and passed assistant engineers, during the first five years engineers. after date of appointment, when at sea, two thousand dolJuly 15, 1870, s. 3. v. 16, p. 330; 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. ant surgeons, Feb. 24, 1874, s. 1, v. 18, p. 17. Assistant sur geons, paymas neers. Assistant surgeons, assistant paymasters, and assistant ters, and engi engineers, during the first five years after date of appointJuly 15, 1870. s. ment, when at sea, one thousand seven hundred dollars; 3. v. 16, p. 330; on shore duty, one thousand four hundred dollars; on leave, or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. Feb. 24, 1874, s. 1, v. 18, p. 17. Assistant sur geons qualified Assistant surgeons of three years' service, who have been for promotion. found qualified for promotion by a medical board of examMar. 3, 1871, s. iners, the pay of passed assistant surgeons. 5, v. 16, p. 535. Naval constructors. Naval constructors, during the first five years after date of appointment, when on duty, three thousand two hundred dollars; on leave, or waiting orders, two thousand two hundred dollars; during the second five years after such date, when on duty, three thousand four hundred dollars; on leave, or waiting orders, two thousand four hundred dollars; during the third five years after such date, when on duty, three thousand seven hundred dollars; on leave, or waiting orders, two thousand seven hundred dollars; during the fourth five years after such date, when on duty, four thousand dollars; on leave, or waiting orders, three thousand dollars; after twenty years from such date, when on duty, four thousand two hundred dollars; on leave, or waiting orders, three thousand two hundred dollars. Assistant naval constructors. Assistant naval constructors, during the first four years after date of appointment, when on duty, two thousand July 15, 1870, s. dollars; on leave, or waiting orders, one thousand five 3, v. 16, p. 331. hundred dollars; during the second four years after such date, when on duty, two thousand two hundred dollars; on leave, or waiting orders, one thousand seven hundred dollars; after eight years from such date, when on duty, two thousand six hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars. Chaplains. Chaplains, during the first five years after date of commission, when at sea, two thousand five hundred dollars; 3, v. 16, p. 331. on shore duty, two thousand dollars; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars. Professors of mathematics and civil engineers, during the first five years after date of appointment, when on duty, two thousand four hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; during the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand six hundred dollars. Professors of mathematics and civil engineers. July 15, 1870, s. 3, v. 16, p. 331. cers. Boatswains, gunners, carpenters, and sail-makers, during Warrant offi the first three years after date of appointment, when at Boatswains, sea, one thousand two hundred dollars; on shore duty, ters, sailmakers. nine hundred dollars; on leave, or waiting orders, seven July 15, 1870, s. hundred dollars; during the second three years after such 3, v. 16, p. 332. date, when at sea, one thousand three hundred dollars; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; during the third three years after such date, when at sea, one thousand four hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, nine hundred dollars; during the fourth three years after such date, when at sea, one thousand six hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, one thousand dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. Secretary of the Naval Academy, one thousand eight, July 15, 1870, 8. hundred dollars. First clerks to commandants of navy-yards, one thousand five hundred dollars. Second clerks to commandants of navy-yards, one thousand two hundred dollars. 3, v. 16, p. 332. Clerks to commandants of yards and stations. |
