Promotion rear-admirals during peace. of SEC. 1366. During peace, vacancies in the grade of rearadmiral shall be filled by regular promotion from the list July 16, 1862, 8. of commodores, subject to examination according to law. 7, v. 12, p. 584. See Promotion; also act Aug. 5, 1882. May 4, 1878. Vice-Admiral on 20, p. 50. On and after the first day of July, eighteen hundred and Secretaries to seventy-eight, there shall be no appointments made from Admiral and civil life of secretaries or clerks to the Admiral or Vicesea service. Admiral, when on sea service, commanders of squadrons, May 4, 1878, v. or of clerks to commanders of vessels; and an officer not Lieutenant of above the grade of lieutenant shall be detailed to perform the junior grade. Mar. 3, 1883. the duties of secretary to the Admiral or Vice-Admiral, when on sea service, and one not above the grade of lieutenant of the junior grade to perform the duties of clerk to a rear admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat. Title 15, chap. 2. squadrons. Dec. 21, 1861, 8. 4, v. 12, p. 329. SEC. 1434. The President may select any officer not beCommand of low the grade of commander on the active list of the Navy, and assign him to the command of a squadron, with the rank and title of "flag-officer;" and any officer so assigned shall have the same authority and receive the same obedience from the commanders of ships in his squadron, holding commissions of an older date than his, that he would be entitled to receive if his commission were the oldest. SEC. 1435. Lieutenant-commanders may be assigned to how assignable. duty as first lieutenants of naval stations, as navigation 3, v. 12, p. 584; and watch officers on board of vessels of war, and as first July 25, 1866, s. 5, lieutenants of vessels not commanded by lieutenant Lieutenantcommanders, July 16, 1862, s. v. 14, p. 223. commanders. Title 15, chap. 4. SEC. 1467. Line officers shall take rank in each grade Rank. See same according to the dates of their commissions. sec. Rank and Precedence. July 16, 1862, s. 1, v. 12, p. 583; Apr. 21, 1864, s. 7, v. 13, p. 54; Jan. 24, 1865, s. 1, v. 13, p. 424. Commanding officers of vessels and stations. SEC. 1468. Commanding officers of vessels of war and of naval stations shall take precedence over all officers placed Mar. 3, 1871, s. under their command. 12, v. 16, p. 537. Aid or executive officer. Mar. 3, 1871, s. 12, v. 16, p. 537. SEC. 1469. The Secretary of the Navy may, in his discretion, detail a line officer to act as the aid or executive of the commanding officer of a vessel of war or naval station, which officer shall, when not impracticable, be next in rank to said commanding officer. Such aid or executive shall, while executing the orders of the commanding officer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. All orders of such aid or executive shall be regarded as proceeding from the commanding officer, and the aid or executive shall have no independent authority in consequence of such detail. Rights of staff officers. Mar. 3, 1871, s. 12, v. 16, p. 537. SEC. 1470. Staff officers, senior to the officers so detailed, shall have the right to communicate directly with the commanding officer. SEC. 1472. When the office of Chief of Bureau is filled Relative rank by a line officer below the rank of commodore, said officer shall have the relative rank of commodore during the time, he holds said office. That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by offi. cers and enlisted men of the Army and Navy of the United States who are members of said organization. MATES. as chief of bu reau. Mar. 3, 1871, 8, 12, v. 16, p. 537. May 11, 1894. 28 Stat. L., 583. Supp. R. S., 1892-95, p. 336. Army and Navy officers may wear Regular Army and Navy Union badge. R. S., sec. 1227. SEC. 1408. Mates may be rated, under authority of the Title 15, chap. 1. Secretary of the Navy, from seamen and ordinary seamen who have enlisted in the naval service for not less than two years. Seamen may be rated as mates. See note 1. May 17, 1864, 8. 3, v.13, p,79; Mar. 3, 1865, s. 3, v. 13, p. 539. See note 2. Rating shall not discharge SEC. 1409. The rating of an enlisted man as a mate, or his appointment as a warrant officer, shall not discharge from enlistment. him from his enlistment. SEC. 1556. Mates, when at sea, nine hundred dollars; on shore duty, seven hundred dollars; on leave, or waiting orders, five hundred dollars. Idem. Title 15, chap. 8. 28 Stat. L., 212. Supp.R.S.1892 That the law regulating the retirement of warrant offi-_Aug. 1, 1894. cers in the Navy shall be construed to apply to the twentyeight officers now serving as mates in the Navy, and the 95, p. 220. said mates shall be entitled to receive annual pay at the rates following: When at sea, one thousand two hundred dollars; on shore duty, nine hundred dollars; on leave or waiting orders, seven hundred dollars: Provided, however, That nothing herein contained shall be so construed as to authorize any increase of pay for any time prior to the passage of this Act. Mates may be rant officers. See 1406, title War retired as war secs. 1405 and rant Officers. See note 3. R.S., secs. 1408, 1409. Pay. R. S., sec. 1556. Pay not inthis act. creased prior to Title 10. Chief of Bu SEC. 426. The chief of the Bureau of Medicine and Surgery shall be appointed from the list of the surgeons of the Navy. See title Rank and Precedence, sec. 1471. July 5, 1862, s. 1, v. 12, p. 510. Note 1.-Mates are petty officers. See 160 U. S., 593. Note 2.-See Op., XI. p. 251, June 20, 1865, defining the status of mates and acting master's mates. Not warrant officers. Note 3. The law on this subject is found in Revised Statutes, secs. 1405, 1406, 14431465; 1491, 1882, Aug. 5, ch. 391, par. 4 (1 Supp. R. S., 377); 1883, Mar. 3, ch. 97, par. 5 (1 Supp. R. S., 401). reau. 376- -5 Aug. 5, 1882. That the active list of the Medical Corps of the Navy Medical shall consist of fifteen medical directors, fifty surgeons, number of. and ninety assistant and passed assistant surgeons. corps; See title Rank and Precedence, sec. 1474. 22 Stat. L., 285; 19 A. G. Op., p. 169. Appointments in, how made. SEC. 1369. All appointments in the Medical Corps shall Apr. 21, 1806, s. be made by the President, by and with the advice and consent of the Senate. 3, v. 2, p. 390. Apr. 16, 1814, s. 5, v. 3, p. 125; May 24, 1828, s. 3, v. 4, p. 313. See notes under sec. 1378, Pay Corps. Appointment geons. SEC. 1370. No person shall be appointed assistant surof assistant sur- geon until he has been examined and approved by a board May 24, 1828, 8. of naval surgeons, designated by the Secretary of the 1, v. 4, p. 313. Mar. 3, 1871, s. Navy; nor who is under twenty-one or over twenty-six years of age. 5, v. 16, p. 536. Appointment of surgeons. 1, v. 4, p. 313. See note 1. SEC. 1371. No person shall be appointed surgeon until he May 24, 1828, s. has served as an assistant surgeon at least two years, on board a public vessel of the United States at sea, nor until he has been examined and approved for such appointment, by a board of naval surgeons, designated by the Secretary of the Navy. Rank of assist ant surgeons in examination. Mar. 3, 1835, 8. 1, v. 4, p. 757. SEC. 1372. When any assistant surgeon was absent from case of delayed the United States, on duty, at the time when others of his date were examined, he shall, if not rejected at a subsequent examination, be entitled to the same rank with them; and if, from any cause, his relative rank cannot be assigned to him, he shall retain his original position on the register. Be it enacted, etc., That passed assistant surgeons (2) now 29 Stat. L., 526, borne upon the Navy Register shall be commissioned as Supp. R.S., vol. such by the President, Feb. 13, 1897. 7, p. 549. Navy. Passed assist ant surgeons to becommissioned. appointment. -as of date of such commissions to bear the dates upon which said passed assistant surgeons, respectively, received their appointments as such; Promotion on examination. Examinations temporarily postponed. and hereafter assistant surgeons shall be regularly promoted and commissioned as passed assistant surgeons, and passed assistant surgeons as surgeons, subject to such examinations as may be prescribed by the Secretary of the Navy: Provided, however, That no examination of passed assistant surgeons shall be ordered until the expiration of six Note 1.-The custom and practice of the Navy Department requiring competitive examination of assistant surgeons, and assigning them positions on the Navy Register in the order of relative merit as ascertained and reported by the board of examiners authorized by existing law and regulations, is not, under the present law, ✰✰ to correct. * Having passed the necessary examination for promotion, the claim of be promoted according to seniority is, in my opinion, well founded. (Op., Feb. 25, 1881, Ames Case; Gen. Order 282.) Note 2.-1882, Aug. 5, ch. 391, par. 3 (1 Supp. R. S., 376), is a substitute for R. S., 1368, fixing the rank and number of the active list of the medical corps of the Navy. R. S., § 1369-1375, prescribes their appointment, promotion, and duties; R. S., 1474, their relative rank, and R. S., § 1556, their pay. See also 1896, June 3, ch. 313, § 12, ante, p. 497, as to their right to practice medicine in the District of Columbia. months from the passage of this act, during which time promotions shall be made as now provided by law. Surgeon of the fleet. SEC. 1373. The President may designate among the surgeons in the service, and appoint to every fleet or squadron an experienced and intelligent surgeon, who shall be denom- 2, inated "surgeon of the fleet," and shall be surgeon of the flag-ship. May 24, 1828, 8. v. 4. p. 313. Duties of sur geon of the fleet. SEC. 1374. The surgeon of the fleet shall, in addition to his duties as surgeon of the flag-ship, examine and approve May 24, 1828, s. all requisitions for medical and hospital stores for the squad- 2, v. 4, p. 313. ron or fleet, and inspect their quality. He shall, in difficult cases, consult with the surgeons of the several ships, and he shall make, and transmit to the Navy Department, records of the character and treatment of diseases in the squadron or fleet. ical officer to Bu SEC. 1375. A surgeon, assistant surgeon, or passed assist-, Detail of medant surgeon, may be detailed as assistant to the Bureau of reau as assistant. Medicine and Surgery, who shall receive the highest shore-July 16, 1862, 8. pay of his grade. SEC. 1411. The Secretary of the Navy may appoint, for temporary service, such acting assistant surgeons as the exigencies of the service may require, in case of war only, who shall receive the compensation of assistant surgeons. * * * 18, v. 12, p. 587; Feb. 27, 1877, v. 19, p. 244. See note 3. SEC. 1471. The chief of the Bureau of Medicine and Sur- Title 15, chap. 4. gery shall have the relative rank of commodore Rank and title while holding said position, and shall have title of Surgeon-General. the SEC. 1473. Officers who have been or who shall be retired from the position of chief of the Bureau of Medicine and Surgery, by reason of age or length of service, shall have the relative rank of commodore. of Chief of Bu reau. Mar. 3, 1871, s. 12, v. 16, p. 537. Retired from position of Chief of Bureau. Idem. SEC. 1474. Officers of the Medical Corps on the active Relative rank list of the Navy shall have relative rank as follows: Passed assistant surgeons, the relative rank of lieutenant or master. Assistant surgeons, the relative rank of master ensign. SEC. 1481. Officers of the Medical * * of medical officers. See same sec. "Rank and Precedence." Mar. 3, 1871, s. 5, v. 16, p. 535. Lieutenant of the junior grade. (Act of March 3, or 1883.) Corps Retired for age ice. 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. Note 3.-By the act of Feb. 27, 1877, section 1375 was to have the same effect as though the amendment (in italics) had been enacted therein. or length of serv Mar. 3, 1871, s. 11, v. 16, p. 537. Title 15, chap.8. Pay of fleet surgeons. Medical directors and inspect ors. Surgeons. 555. SEC. 1556. Fleet-surgeons, four hundred dollars. Medical directors, medical inspectors, on duty at sea, four thousand four hundred dollars. during the first five years after July 15, 1870, 8 date of commission, when at sea, two thousand eight hun3, v. 16, pp. 330, 331; Mar. 3, 1871, dred dollars; on shore duty, two thousand four hundred 535586 Mar dollars; on leave, or waiting orders, two thousand dollars; 1873, s. 1, v. 17, p. 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 assistant surgeons. See note 4. Assistant sur geons. Assistant surgeons qualified for promotion. Supp. R.S., vol. 2, p. 517. Passed assistant surgeons, * 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. Assistant surgeons, during the first five years after date of appointment, when at sea, one thousand seven hundred dollars; on shore duty, one thousand four hundred dollars; on leave, or waiting orders, one thousand dollars; on leave, or waiting ordery one thousand five hundred 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. Assistant surgeons of three years' service, who have been found qualified for promotion by a medical board of examiners, the pay of passed assistant surgeons. That such surgeons in the Navy not in line of promotion "Surgeons spe. as may have been appointed to that position in accordance cially appointed, with a special act of Congress for meritorious services dur3, ch. 97, par. 5 (i ing yellow fever epidemics shall have all the benefits of Supp. R. S., 401). their previous service in the same manner as if said appoint etc. 1883, Mar. ments were a reentry into the Navy. Note 4.-The words "after date of appointment," and "from such date," sec. 1556, fixing the annual pay of passed assistant surgeons of the Navy, refer not to the original entry of the officer into the service as an assistant surgeon, but to the notification by the Secretary of the Navy that he has passed his examination for promotion to the grade of surgeon, and will thereafter, until such promotion, be considered as a passed assistant surgeon. A passed assistant surgeoncy is an office, and the notification of the Secretary of the Navy is a valid appointment to it. (United States v. Moore, Otto, 95, 760.) |