United States v. Rockwell

delivered the opinion of the court.

■ The appellee Rockwell served in the volunteer Navy as act-, ing. master from July 15, 1862, to December 16, 1862; as lieutenant from December 16, 1862, to April 29,1865; as lieutenant-commander from April 29,1865, to December-8,1865, when he was honorably discharged; and as acting master from November 19, 1866, to March 12, 1868 ; in the regular Navy, as master'from March 12, 1868, to December 18, 1868; as lieutenant from December 18, 1868, to February 26, 1878; and as lieutenant-commander from February 26, 1878, to March 3, 1883. He was paid for his services in those several positions, in accordance with the laws-in force at the time they were performed. But he claims, in this action,- additional pay. under the act of March 3, 1883, making appropriations for the naval service for the year ending June 30, 1884. 22 Stafe. 472, 473, c. 97. He obtained judgment, and upon this appeal the government questions the construction placed by the court below upon that act.

Yery soon after the passage of that act-it became necessary for the Second Comptroller of the Treasury to determine., for his office, its full scope and-effect.. One James Nash had been appointed a boats wainrin the regular navy on the 1th of May, 1861. Prior to that.-tíme,, from July 30, 1862, to April 16, 1866, he served as- master’s mate and acting gunner. He claimed, under the. act of August 5, 1882, that, in ascertaining his rate of' pay as boatswain, he should be credited with his former services .as master’s mate and acting gunner. As the pay of boatswain, prior to August-5, 1882, was fixed by the Kevised Statutes (§ 1556) at certain rates “during the first three years after date of appointment,” and at certain other designated rates' duping the second, third, and fourth “ three years after such date,” the Second Comptroller was of opinion that the services performed by Nash, in any other capacity. than that of boatswain, could not be counted in determining his rate of pay' even had such services been continuous and in the regular navy. And since that act provided that officérs should receive the credit and the benefit of services, “ in all respects in the same manner as if all said services had been continuous and in the regular navy,” that officer held, that to credit Nash with the time of his service as master’s mate and acting gunner would be inconsistent with those provisions of the statute fixing the salary of officers, and making the rate of pay dependent on the period of service in their particular grades. Senate Ex. Doc. 101, 48th Cong., 1st Session.

After this interpretation of the act of 1882, Congress, in the

While Congress did not, by the last act, give an officer in the regular navy additional pay “ during the time of his service in the volunteer army or navy,” it did give him the benefit of previous service in either, as if all of such service had been continuously rendered in the' regular navy “ in the lowest grade having graduated pay held /by such officer since last entering the service.” What, within the meaning of. the . statute, was the- lowest grade having graduated pay held by Eockwell after he last entered the service?- He reentered the • service as master in the regular navy on March-12, 1868. He was promoted to the position of lieutenant on December 16,. 1868. The positions of master and lieutenant did not, at either of those dates, have “ graduated pay ” attached to them. Their annual compensation was fixed ;by statute, and was not, during the period of his service as master, orwhen he became a lieutenant in the regular navy, subject to be increased by length of previous service in any particular grade. But, by the act of' July 15, 1870, 16 Stat. 321 , 330, c. 295, now § 1556 Eev. Stat., the pay for lieutenants and masters in the navy was graduated according to length of -service in such positions. Under that act, the salary of a lieutenant, during the first five years after

. "When the act of July 15, 1870, took effect, Rockwell still held the position of lieutenant. But at the passage of the act of March 3, 1883, he was lieutenant-commander, the pay of which position was likewise graduated, by the act of 1870, according to length of service. It thus appears that when the rule of graduated pay was applied by the act of 1870 to lieutenants, masters, and other officers of the navy, Rockwell held the position of lieutenant. That was not the lowest .grade held by him after “ last entering the service; but it was the lowest held by him after the pay of officers of the navy was graduated by the act of 1870 according to length of service. In other words, it was the lowest position held by him after that act took effect. It seems tó the Gourt clear that the actual time of appellee’s previous service must be credited to the grade of lieutenant — that being the lowest grade held by him after the act of 1870 took effect, having graduated pay attached to- it by that act — and not to the grade of master, which, although the lowest held by him after last entering the service, was not graduated, in respect to pay, until after he had ceased to' hold it. Such we understand to be the view . taken by the court below. That interpretation of the statute meets our approval, and thé judgment is

Affirmed.