US SUPREME COURT DECISIONS

The pay of a retired officer of the Navy is fixed by statute at a certain percentage of the active service pay of the grade held by him at the time of his retirement, and there is nothing in the Act of March 3, 1883, 22 Stat. 472, c. 97, to modify this rule.

An officer of the Navy who was retired in the first five years of service from a rank having longevity pay, but who was continued on active duty until he had passed into his second five years of service, is not entitled, under the Act of March 3, 1883, to a greater rate of pay after active service ceased than seventy-five per centum of the pay of the grade or rank which he held at the time of retirement.

The case is stated in the opinion.