White v. United States - 239 U.S. 608 (1916)


U.S. Supreme Court

White v. United States, 239 U.S. 608 (1916)

White v. United States

Nos. 153, 154

Argued January 7, 1915

Decided January 17, 1916

239 U.S. 608

Syllabus

The act of March 4, 1913, c. 148, 37 Stat. 891, granting officers of the Navy, who had been advanced in rank, the pay and allowances of the higher rank, applies only to officers on the active list, and does not apply to officers on the retired list who were assigned for active service after their retirement.

In construing a statute, the Court will regard it as more rational to assume that Congress was dealing with present affairs than that it was reopening finished transactions.

The general rule of statutes relating to duty and pay of naval officers is found in Rev.Stat., § 1462, providing that no officer on the retired list shall be employed in active duty except in time of war.

49 Ct.Cl. 702 affirmed.

The facts, which involve the construction of various statutes of the United States relating to pay of retired naval officers while on active service, are stated in the opinion.

Page 239 U. S. 611



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