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 intent to remain permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. a military or naval officer by the nomination of a successor. The confirmation and appointment of the latter vacates the office of the former. (Blake's Case, Supreme Court, Otto, 103, p. 227; also see Otto, 97, p. 426, Mimmack's Case, and Otto, 102, 426, 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 officer 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, Apr. 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, Navy, 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 revoked 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 authority, which has repeatedly been exercised; but in view of late decisions the court gave judgment for the claimant in order that the case might go to the Supreme Court. (C. C., XVII, p. 344, Corson's Case, Dec., 1881, term.) The President, by and with 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 officer 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 reinstatement, 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, Congress can remedy it by a special relief act empowering the President. (Op. XVI, 583, Devens, Dec. 9, 1880.) Note 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.) resignation. v. 12, p. 316. See note 6. Aug. 5, 1861, s. 2, See title "Deserters and deser tion" for amend ments to this sec tion. A resignation tendered to take effect on a future day, and placed in the hands of a See sec. 1624. party to be delivered to the President, can be recalled before delivery. Its subsequent 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 been 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 Title 10. SEC. 424. The Chief of the Bureau of Steam Engineering Chief of 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. 510. Title 15, chap. 1. SEC. 1390. The active list of the Engineer Corps of the Engineer 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; and rank. v. 16, p. 536; Feb. 24, 1874, v. 18, p. 17; Aug. 5, 1882. 22 Stat. L., p. 286. See sec. 1476. 20 A. G. Op., p. 358. Lieutenant of Ten chief engineers; Fifteen chief engineers; and Forty-five chief engineers, who shall have the relative rank of lieutenant-commander or lieutenant. And each and all of the above-named officers of the Engineer Corps shall have the pay of chief engineers of the Navy, as now provided. Sixty passed assistant engineers, who shall have the rela the junior grade, tive rank of lieutenant or master; and Mar. 3, 1883, 1 Supp. R. S., p. 401. See note 1. August 5, 1882. 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. That the active-list of the engineer corps of the Navy shall hereafter consist of ten chief engineers with the relaEngineertive rank of captain, fifteen chief engineers with the relative Corps, number of officers. rank of commander, forty-five chief engineers with the relaR. S., sec. 1390. tive rank of lieutenant-commander or lieutenant, sixty passed assistant engineers, and forty assistant engineers, with the relative rank for each as now fixed by law; Mar. 2, 1889, ch. 396. Number not to be exceeded. And after the number of officers in the said grades shall Mar. 3, 1883, 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. 1405PP provisions of this act for the several grades. R. S., p. No officer re duced or dropped. That no officer now in the service shall be reduced in rank or deprived of his commission by reason of any provision of this act reducing the number of officers in the several staff corps: 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 officer 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 of 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. SEC. 1391. Engineers shall be appointed by the Presi- Title 15, chap. 1. dent, by and with the advice and consent of the Senate. Appointment. Aug. 31, 1842, s. 6, v.5, p.577; Mar, 3, 1845, 8. 7, v. 5, p. 794; July 25. 1866, s. 7, v. 14, p. 223. Mar. 3, 1871, s. Feb. 24, 1874, v.18, SEC. 1392. No person under nineteen or over twenty-six Qualifications. years of age shall be appointed an assistant engineer in the 8. v. 16, p. 536; 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. 223. fleet. SEC. 1393. The President may designate among the chief Engineer of the engineers in the service, and appoint to every fleet or squadron, an engineer, who shall be denominated "engi. 7. v. 13, p. 54. neer of the fleet." SEC. 1471. The Chief * Engineering shall have the relative rank of commodore Rank of Chief while holding said position, * and the title of engineer-in-chief. of the Bureau of Steam Title 15, chap. 4. 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 captain, fifteen that of commander, and forty-five that of lieutenant-commander or lieutenant. Passed assistant engineers shall have the relative rank of lieutenant or master, and assistant engineers that of master or ensign. SEC. 1481. Officers of the * * Engineer Corps of Bureau. See same sec., "Rank and Precedence." list. On the active 7, v. 16, p. 536; Lieutenant of the junior grade. Mar. 3, 1883, 1 Supp. R. S., p. 401. When retired length of service. 11, v. 16, p. 537. from age or Mar. 3, 1871, s. who shall have served faithfully for forty-five years, shall, when retired, have the relative rank of commodore; 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. 1484. Engineer officers graduated at the Naval Engineers graduated at the Academy shall take precedence with all other officers with Academy. whom they have relative rank, according to the actual 1, v. 17, p. 555. length of service in the Navy. SEC. 1488. The relative rank given by the provisions of * * * Mar. 3, 1873, 8. See note 3. See act of Mar. 2, 1889, "An act to regulate the course at the Navy Academy." Military comAug. 5, 1854, s. mand. this chapter to officers of the Engineer Corps shall confer no authority to exercise military command. and May 27, 1847; Mar. 3, 1859, s. 2, v. 11, p. 407. 4, v. 10, p. 587; G. O., Aug. 31, 1846, 22 Stat. L., p. Note 2.-The naval appropriation act approved August 5, 1882, requires that thereafter 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 fill shall occur. (See Naval Academy.) Note 3.-Engineer officers, graduates of the Naval Academy, are not entitled to the six years' constructive service allowed to other staff officers of the Navy in estimating length of service. Engineer officers not graduated at the Academy stand on the same footing with other staff officers, and are entitled to the constructive service. (Op., XV, p. 336, Devens, July 11, 1877.) See sec. 1484. Title 15, chap. 8. SEC. 1556. Pay of fleet engineers. hundred dollars. neers. * * Fleet engineers, four thousand four * * 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. Chief 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; ou 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. Mar. 3, 1885. 485. Navy to have in ity pay. * Passed assistant engineers, during the first five years after date of appointment, when at sea, two thousand dollars; 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. 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 Passed assist as passed (first) assistants, when at sea, two thousand four ant engineers of hundred and fifty dollars; on shore duty, two thousand creased longey-two hundred and fifty dollars; on leave or waiting orders, R. S., sec. 1556. 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 thousand 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. ch. 35. Assistant engi neers. Seo act of vacancies in this grade. Assistant engineers, during the first five years after July 26, 1894, in date of appointment, when at sea, one thousand seven regard to filling hundred dollars; on shore duty, one thousand four hundred dollars; on leave, or waiting orders, one thousand dollars; July 15, 1870 after five years from such date, when at sea, one thousand Mar. 3, 1871, 8s. 5, nine hundred dollars; on shore duty, one thousand six hunMar. 3, 1873, 8.1, dred dollars; on leave, or waiting orders, one thousand two v. 17. p. 555; Feb. hundred dollars. 8. 3, v. 16, p. 331; 6, v. 16, p. 535; 24, 1874, v. 18, p. 17. 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 neers for colleges. 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 Revised Statutes of the United States, as amended by an act of Congress approved July fifth, eighteen hundred and eighty four, be, and the same is hereby, further amended, so as to read as follows: Sept. 26, 1888. 25 Stat. L., 491. Detail of offi Navy to educa cers of Army and tional institutions. R. S., sec. 1225, 217 (23 Stat. L., "SEC. 1225. The President may, upon the application of Substitute for any established military institute, seminary or academy, col- as amended by lege or university, within the United States having capacity 1884, July 5, 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; tioned through July 2, 1862, ch. And they shall be apportioned throughout the United, How apporStates, first, to those State institutions applying for such U. S. detail that are required to provide instruction in military 130 (12 Stat. L., 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. tions. The Secretary of War is authorized to issue, at his dis- Secretary of War may issue cretion and under proper regulations to be prescribed by ordnance stores him, out of ordnance and ordnance stores belonging to the to such institu Government, 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": neer officers of sors in scientific 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 profes of the Navy as professors in scientific schools or colleges schools. 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; ch. 105. to which retired "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 hereinbefore provided to any are assigned to college or university at which a retired officer of the Army ordnance stores. have issues of |
