US SUPREME COURT DECISIONS

Under the Act of March 3, 1583, c. 97, 22 Stat. 473, an officer in the navy who resigns one office the day before his appointment to a higher one, though in a different branch of the service, is only entitled to longevity pay as of the lowest grade having graduated pay held by him since he originally entered the service.

United States v. Alger, 151 U. S. 362, and United States v. Stahl, 151 U. S. 366, reaffirmed.

These were petitions for a rehearing of two cases decided January 22, 1894, and reported in 151 U.S. 151 U. S. 362 and 151 U. S. 366.

In Alger's case, the petition said:

"In this case, the claimant was appointed cadet midshipman September 22, 1876, graduated June 22, 1882, and promoted to midshipman the same day, commissioned ensign June 26, 1884. He resigned November 10, 1890, and on November 11, 1890, was appointed professor of mathematics, to rank from November 1, 1890. The claimant was given credit on his commission as ensign for his service as cadet midshipman and midshipman, and was paid the pay of an ensign after five years of service, from June 26, 1884, to the date of his resignation, but claims that he has not been allowed credit under the Act of March 3, 1883, in the lowest grade having graduated pay since he entered the Navy as professor of mathematics. The claimant sues for the pay of a professor of mathematics in the third five years

Page 152 U. S. 385

from the date of appointment by reason of his prior service in the Navy, to-wit from September 22, 1876, to November 10, 1890, by virtue of the provisions of the Act of March 3, 1883, and the Court of Claims gave him judgment for the amount claimed, but this court has reversed this judgment as erroneous."

In Stahl's case, the petition set forth a resignation August 10, 1887, of the office of assistant engineer and the appointment of the petitioner August 11, 1887, as assistant naval constructor. chanrobles.com-red

Page 152 U. S. 396