Page:United States Statutes at Large Volume 49 Part 1.djvu/1004

 74 TH CONGRESS. SESS. I. CH. 803. AUGUST 29, 1935 . 959 [CHAPTER 803 .1 AN ACT August 29, 1935. Amending se ct ion 5 of Public Law Num be red 2 64, Seventy-third Congress,	[S .2521 .1 appr ove d May 29, 19 34, rel ativ e to the ap poi ntme nt of - Naval Academy [Public, No. 390.) graduates as ensigns in the Navy . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of Naval Acad emy Pub lic Law Numbered 264, Seventy-third Cong ress is hereby graduates. 48, p . 814 . amended to re ad as follows "SEC. 5. That section 1 of the Act approved bray 6, 1932 (47 Stat. 149 ; U . S . C ., Supp . VII, title 34, sec. 12), is hereby amended by inserting the words `in 1934 and hereafter' after the words `midsh ipmen who', and the words `Provided, That all former mid- shipmen graduate d in 193 3 who re ceived a certifi cate of graduati on a nd hon orable disc harge or who resigned and whether they have s ince b een ma rried or not may, upon their own a pplica tion, if physically qualified, and under such regulations as the Secretary of the Navy may prescribe, be appointed as ensigns prior to November 1, 1935, by the President and shall take rank next after the junior ensign of the Navy and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation : And provided further,' after the words `Naval Academy' and by striking out `in 1932, a nd at le ast 50 p er centu m of all graduat es in subsequent years : Provided', so that as amended the said section will read as follows "`That the President of the United Stataes 1 is authorized, by si gAppointments as en- and with the advice and consent of the Senate, to appoint as ensigns in the line of the Navy all midshipmen who in 1934 and hereafter gradua te fr om the Naval Academy : Provided, That all former mid- PfODi-s . shipmen graduate d in 193 3 who re ceived a certifi cate of graduati on Class of 1933. and ho norab le dis charge or w ho res igned and wh ether they have since been married or not may, upon their own application, if physi- cally qualified, and under such regulations as the Secretary of the Navy m ay pr escrib e, be appointed as ensigns prior to November 1, 1935, by the President and shall take rank next after the junior Rank . ensign of the Navy and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation And provided further, That the number of such officers so appointed Number. shall, while in excess of the total number of line officers otherwise authorized by law, be considered in excess of the number of officers in the g rade of ensign a s determ ined by any comp utation, and sha ll be excluded from any computation made for the purpose of deter- mining the authorized number of line officers in any grade on the active l ist abov e the gr ade of l ieutenan t (junio r grade) until t he total number of line officers shall have been reduced below the number otherwise authorized by law .'" Approved, August 29, 1935 . 1 So in original.