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port, R. I., for duty. The order was delivered to him October 8, 1900.

"Mr. Caldwell was promoted to take rank as a lieutenant from December 29, 1899.

"During the period claimant served as aid to Admiral under the above orders he held the rank of lieutenant of the junior grade.

"Section 1096 of the Revised Statutes:

"The General of the Army may select from the Army such number of aids, not exceeding six, as he may deem necessary, who shall have, while serving on his staff, the rank of colonel of cavalry.'

"Section 1261 of the Revised Statutes:

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"The pay of a colonel is fixed at $3,500 per annum;' and by section 1262 each commissioned officer below the rank of brigadier-general is entitled 10 per centum of their current yearly pay for each term of five years.' Section 1267: In no case shall the pay of a colonel exceed $4,500 per year,

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"The Chief of the Bureau of Navigation, under date of February 20, 1905, informed this Office that 'The Bureau knows of no order authorizing in general terms the appointment of aids to the Admiral of the Navy.'

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"Section 1556 of the Revised Statutes as amended by the act of March 3, 1899 (30 Stat., 1024): For the pay and allowances prescribed by law of officers *, including the Admiral of the Navy, whose pay and allowances shall be the same as those received by the last General of the United States Army.

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"By section 630 of the United States Navy Regulations of 1870 the Admiral of the Navy is classed as a line officer.' "Paragraph 16, page 35, United States Navy Regulations

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of 1876:

"All officers attached to the personal staff of the Commander in Chief are under the immediate direction of the Chief of Staff; they will act as aids to the Commander in Chief at such time as he may require and he can assign them the duty of secretaries.'

Paragraph 7, page 2, United States Navy Regulations of

1876:

"A lieutenant-commander may act as aid to an admiral,

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Paragraph 38, page 14, United States Navy Regulations of 1893:

"A lieutenant of the junior grade may serve *

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aid to an officer of flag rank, "Paragraph 342, United States Navy Regulations of 1893: "The chief of staff, flag lieutenant, secretary, and aids shall constitute the personal staff of a flag officer.'

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"Paragraph 344, as amended by circular No. 15, of June 3,

1895:

"He may also, when necessary, select other line officers, junior to the flag lieutenant, to service on his personal staff as aids, but shall not assign naval cadets to such duty.'

"Paragraph 343, United States Navy Regulations of 1900, page 76:

"The chief of staff, flag lieutenant, clerk, and aids shall constitute the personal staff of a flag officer;' and paragraph 345-(2):

"He may also, when necessary, select other line officers, junior to the flag lieutenant, to serve on his personal staff as aids, but shall not assign naval cadets to such duty.'

"Paragraph 363, United States Navy Regulations of 1900: "(1) An admiral, when ordered to command afloat, may, at his discretion, nominate to the Secretary of the Navy two line officers, not above the rank of lieutenant, to serve on his staff as flag lieutenant and secretary, respectively.'

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"(2) He may also, when necessary, select other line officers to serve as aids, but shall not assign a naval cadet to such duty.'

"I find no regulations authorizing aids to the Admiral except when afloat.

"Claimant was appointed a naval cadet September 7, 1887: promoted to ensign July 1, 1893; lieutenant of the junior grade March 3, 1899. His navy pay under section 1556 of the Revised Statutes as a lieutenant of the junior grade in his first five years would be, at sea, $1,800; shore duty $1,500. As a lieutenant first five years his pay would be, at sea, $2,400; shore $2,000. His pay as a lieutenant junior grade, corresponding in rank to a first lieutenant in the Army not mounted, would be at sea $1,500, plus 20 per cent for length of service, $1,800, and 15 per cent less for shore duty, $1,530.

"As a lieutenant, which corresponds in rank with a captain in the Army not mounted, at sea, $1,800, plus 20 per cent for length of service, $2,160, and 15 per cent less for shore duty, $1.836.

"If he is entitled to the pay of a colonel in the Army, under sections 1096 and 1261 of the Revised Statutes, while serving as aid to the Admiral of the Navy, when at sea, $3,500 plus 20 per cent for length of service (section 1262, Revised Statutes), $4,200, less 15 per cent for shore duty, equals $3,570.

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'Paragraph 24, page 23, United States Navy Regulations of

1900:

"The relative rank between officers of the Navy, whether on active or retired list, and officers of the Army shall be as follows, lineal rank only being considered:

"(A) Admiral shall rank with general.'

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"Under paragraph 31 of the Navy Regulations of 1900, 'Officers of the Navy shall perform such duty as may be assigned to them by the Navy Department;' and paragraph 32, The Admiral may command a fleet or perform such other duty as may be assigned to him by the Navy Department.'

"Prior to the act of March 3, 1899, known as the personnel act, officers serving as aids to an admiral were not entitled to additional pay while so serving. The regulations provide that the Admiral of the Navy shall rank with the General of the Army.

"The claimant, as lieutenant of the junior grade in the Navy, corresponds in rank with a first lieutenant in the Army. By section 1096 of the Revised Statutes it is provided that the General of the Army may select from the Army such number of aids, not exceeding six, as he may deem necessary, who shall have, while serving on his staff, the rank of colonel of cavalry.

"By section 1261 of the Revised Statutes the pay of a colonel in the Army is $3,500, and by section 1262 he is entitled to 10 per centum of his current yearly pay for each prior term of five years' service.

"An aid to the Admiral renders services similar to those rendered to the General of the Army, and it would seem that if aids are necessary for the General of the Army in the performance of his official duties, they are equally necessary to the Admiral of the Navy in the performance of his official duties at sea and on shore.

"When the act of March 3, 1899, was passed, Congress knew that the law authorized aids to the General of the Army on duty in Washington, and it would seem that it intended that the Admiral of the Navy should also be allowed aids on the same condition. Following the rule laid down by the Supreme Court in the case of United States v. Walter L. Crosley, I am of opinion, and so decide, that the claimant, while serving as aid on the staff of the Admiral of the Navy, is entitled to the pay of a colonel in the Army, $3,500, plus 10 per cent for length of service during the period he was at sea; that under the first proviso of section 13 of the act of March 3, 1899, he is entitled, while so serving, to 15 per cent less pay when on shore duty."

The Revised Statutes provide:

Section 1096

"The General may select from the Army such number of aids, not exceeding six, as he may deem necessary, who shall have, while serving on his staff, the rank of colonel of cavalry."

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Section 1098

"Each major-general shall have three aids, who may be selected by him from captains or lieutenants of the Army,

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Section 1261-

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"The officers of the Army shall be entitled to the pay herein stated after their respective designations: Colonel, three thousand five hundred dollars a year. First lieutenant, mounted, sixteen hundred dollars a year. First lieutenant, not mounted: fifteen hundred dollars a year. Aid to major-general, two hundred dollars a year, in addition to pay of his rank.

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Section 1262

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"There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of the current yearly pay for each term of five years of service."

Section 1263

"The total amount of such increase for length of service shall in no case exceed forty per centum of the yearly pay of the grade as provided by law."

Section 13 of the act of March 3, 1899 (30 Stat., 1004), commonly known as the navy personnel act, provides:

"That after June thirtieth, eighteen hundred and ninetynine, commissioned officers of the line of the Navy and of the Medical and Pay Corps shall receive the same pay and allowances, except forage, as are or may be provided by or in pursuance of law for the officers of corresponding rank in the Army.

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The claimant as lieutenant of the junior grade in the Navy corresponds in rank with a first lieutenant in the Army. (Revised Statutes, section 1466.)

By section 1098, Revised Statutes, supra, it is provided that each major-general shall have three aids, who may be chosen by him from captains or lieutenants of the Army, and each aid so chosen is entitled by section 1261, Revised Statutes, supra, to $200 a year in addition to the pay of his rank.

In the case of United States v. Crosley (196 U. S., 327), cited by the Auditor, it was held that a lieutenant in the Navy serving as aid to a rear-admiral, the rear-admiral under section 1466, Revised Statutes, corresponding in rank with a

major-general in the Army, is entitled to the $200 allowed to a lieutenant serving as aid to a major-general under section 1261, Revised Statutes. In that case it was said:

"The contention of the Government is that, while the pay of naval officers is made to correspond with that of army officers of like rank, the naval officer assigned to duty as aid may not receive the $200 additional pay, as it is not pay on account of rank, but on account of service. But we think this is too narrow a construction of the terms of the act, in view of its intent and purpose. For while we may not add to or take from the terms of a statute, the main purpose of construction is to give effect to the legislative intent as expressed in the act under consideration. An aid to a rear-admiral renders services similar to those rendered by an aid to a major-general in the Army. The naval aids are appointed under paragraphs 343 and 345 of the Naval Regulations of 1895, which are:

"SEC. 343. The chief of staff, flag lieutenant, clerk, and aids, shall constitute the personal staff of a flag officer.'

"SEC. 345. (1) A flag officer may select any officer of his command to serve as flag lieutenant or clerk, provided his grade accords with the rules laid down in article 344. (2) He may also, when necessary, select other line officers junior to the flag lieutenant to serve on his personal staff as aids, but shall not assign naval cadets to such duty.'

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They are selected for like service, and it is admitted that there would have been reason for a like express statutory provision in their favor as to compensation. The sum of $200 is allowed to an aid to a major-general in addition to the regular pay of his rank. It is allowed as payment for the additional service imposed. Bearing in mind the purpose of the act to give the same compensation to corresponding officers of the Army and Navy, and that it is expressly provided that officers of the Navy shall receive the same pay and allowances, except for forage, as are or may be provided by law for officers of the Army of corresponding rank, we think it does no violence to, but rather carries out, the purpose of Congress to construe this section so as to give to an aid of a rearadmiral, in addition to the regular pay of his rank, pay similar to that allowed an aid to a major-general. We reach the conclusion that the Court of Claims was right in its allowance of this item."

In this case the claimant as lieutenant of the junior grade in the Navy corresponded in rank with a first lieutenant in the Army. His claim is for pay as captain in the Navy, whose relative rank is that of colonel in the Army (sec. 1466, Rev. Stat.), while serving as aid to the Admiral, under the orders quoted by the Auditor, less pay of his regular rank during said period which he has already received.

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