Wood v. United States
224 U.S. 132 (1912)

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U.S. Supreme Court

Wood v. United States, 224 U.S. 132 (1912)

Wood v. United States

No. 71

Argued November 16, 17, 1911

Decided April 1, 1912

224 U.S. 132

Syllabus

An officer of the Navy serving as aid to the Admiral under the provisions of the Acts of March 2 and 3, 1899, Cc. 378 and 421, 30 Stat. 995, 1024, 1045, is not entitled under the assimilating provisions of § 13 of the Navy Personnel Act of March 3, 1899, c. 413, 30 Stat. 1007, to the higher rank and pay provided under 1019, Rev.Stat., for aids to the General of the Army, irrespective of the actual rank held by such naval officer during his period of service as such aid.

By the proviso to § 1094, Rev.Stat., which became effective prior to 1888, the office of General of the Army created by 1096, and the rank and incidents thereto ceased, and were revived by the Act of June 1, 1888, 25 Stat. 165, c. 338, only for the period of the life of General Sheridan, and again ceased on his death, since which time there is no officer of the Army to which pay of aids to the Admiral of the Navy can be assimilated under § 13 of the Navy Personnel Act of 1899.

An incongruity resulting from an omission in an act of Congress does not justify the courts exercising legislative power to create an office or pay therefor, and so held that the fact that the pay of all other naval officers, including aids to Rear Admirals, is assimilated to that of corresponding officers of the Army except aids to the Admiral is a matter that must be corrected, if it is to be corrected, by Congress, and not by the courts.

44 Ct.Cl. 611 affirmed.

The facts, which involve the construction of the acts of Congress relating to pay of aids to the Admiral of the Navy, are stated in the opinion.

Page 224 U. S. 133

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