Page:United States Statutes at Large Volume 30.djvu/1044

 ]6 FIFTY-FIFTH CONGRESS. Sess. III. OH. 413. 1899. rear admiral, said officer shall, while holding said office, have the rank. of rear-admiral and receive the same pay and allowance as are now Retirement ¤f com- allowed a brigadier-general in the Army: And provided further, That “‘°d°'°°' nothing contained in this section shall be construed to prevent the retirement of officers who now have the rank or relative rank of commodore with the rank and pay of that grade: And provided further, "W?¤¤ **1***** That all sections of the Revised Statutes which, in defining the rank of mk' °°°°°d°d' officers or positions in the Navy, contain the words "the relative rank of " are hereby amended so as to read “ the rank of,”1but ofncers whose rank is so detined shall not be entitled, in virtue of their rank to com- T*¤¤¤*¤ ¤’¤·**“ °°’P¤ mand in the line or in other staff corps. Neither shall this Act be °°t°h°°g°d` construed as changing the titles of officers in the staff corps of the c.4{·Pg*¤§;¤¤;;* Bug Navy. No appointments shall be made of civil engineers in the Navy igri. ng! ° on the active list under section fourteen hundred and thirteen of the R·S··°°°·’“3·*’·”°· Revised Statutes in excess of the present number, twenty-one. m;•;l¤¤*¤*Y ’°“'°· Sec. 8. That officers of the line in the grades of captain, com- ` mander, and lieutenant-commander may, by oincial application to the Secretary of the Navy, have their names placed on a list which shall be known as the list of “Applicants for voluntary retirement," and when at the end of any Hscal year the average vacancies for the iiscal years subsequent to the passage of this Act above the grade of com- ‘ mander have been less than thirteen, above the grade of lieutenantcommander less than twenty, above the grade of lieutenant less than twenty-nine, and above the grade of lieutenant (junior grade) less than " forty, the President may, in the order of the rank of the applicants, place a sudicieut number on the retired list with the rank and threefourths the sea pay of the next higher grade, as now existing, includ- . ing the grade of commodore, to cause the aforesaid vacancies for the _ fiscal year then being considered. m{,'j{°*“"“’Y ’°*“`° Sec. 9. That should it be found at the end of any fiscal year that the retirements pursuant to the provisions of law now in force, the voluntary retirements provided for in this Act, and casualties are not sufficient to cause the average vacancies enumerated in section eight of this Act, the Secretary of the Navy shall, on or about the first day -*******1 *0 ‘l°°°'m*”°· of June, convene a board of five rearadmirals, and shall place at its disposal the service and medical records on file in the Navy Department of all the officers in the grades of captain, commander, lieutenant-commander, and lieutenant. The board shall then select, as soon as practicable atter the first day of July, a sufficient number of officers from the before-mentioned grades, as constituted ou the thirtieth day of June of that year, to cause the average vacancies enumerated in section eight of this Act. Each member of said board shall swear, or atlirm, that he will, without prejudice or partiality, and having in view solely the special iitness of officers and the efficiency of the naval service, perform the duties imposed upon him by this Act. Its finding, which shall be in writing, signed by all the members, not less than four governing, shall be transmitted to the President, who shall thereupon, Hamm by order, make the transfers of such officers to the retired list as are Limit mimtsr erm. selected by the board: Provided, That not more than nve captains, four wrquioestus umn va- retired in any one year. The promotions to iill the vacancies thus cre- °*"{°‘°”· “*‘“’·_ ated shall date from the thirtieth day of June of the current year: m}__j§’ °*` °‘*‘°*" ""‘ And provided further, That any officer retired under the provisions of this section shall be retired with the rank and three—fourths the sea pay of the next higher grade, including the grade of commodore, which is _Q _ I retained on the retired list for this purpose. _;;,); °°"“"“°‘°"· SEQ. 10. That of the naval constructors five shall have the rank of —¤¤¤i¤~¤¤r¤. captain, five of commander, and all .others that of lieutenant-commander or lieutenant. Assistant naval constructors shall have the rank of lieutenant or lieutenant (junior grade). Assistant naval constructors shall be promoted to the grade of naval constructor after not less than eight or more than fourteen years’ service as assistant naval
 * Q;1‘;;f“’¥ '°*"’°’ commanders, four lieutenant-commanders, and two lieutenants are so