United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Green, 138 U.S. 293 (1891)

United States v. Green

No. 1343

Submitted January 9, 1891

Decided February 2, 1891

138 U.S. 293

Syllabus

The plaintiff was a commander in the navy of the United States, with the following record of entry and promotion: in the volunteer service, acting master's mate, May 7, 1861; acting ensign, November 27, 1862; acting master, August 11, 1864: in the regular service, master, March 12, 1868; lieutenant, December 18, 1868; lieutenant-commander, July 3, 1870; commander, March 6, 1887. He had never received any benefit of longevity pay under that clause in the Act of March 3, 1883, 22 Stat. 473, c. 97, providing that

"All officers of the navy shall be credited with the actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and shall receive all the benefits

Page 138 U. S. 294

of such actual service in all respects in the same manner as if all said service had been continuous and in the regular navy in the lowest grade having graduated pay held by such officer since last entering the service."

Held that, as he was a lieutenant during some days succeeding June 30, 1870, when the Act of July 15 took effect, the lowest grade he held having graduated pay was that of lieutenant.

The case is stated in the opinion.