Edward Douglass White

“ Indeed, that from the date of the act of 1882 down to the present time the longevity pay of Army officers has been computed by the method directed by the act of 1882 is not controverted. In view of the purpose of Congress to equalize as far as possible the pay of Army and Navy officers, manifested by the adoption of the navy personnel act of 1899, and in all subsequent legislation as to such pay, we think it plainly results that the provision relied upon must be held to have been adopted with reference to the settled rule prevailing for so many years,-a rule consequent upon the act of 1882. ”

“ Whether, therefore, an acting assistant surgeon under the legislation to which we have referred was entitled to be paid as his services were performed at the rate then fixed by law as the pay and allowance of an assistant surgeon, and what was the proper basis for the calculation of longevity pay, are the two questions requiring solution. ”

“ In other words, as the act of 1898 provided for a standard by which to determine the rank and pay of the acting assistant surgeons,-that is, the rank and compensation allowed assistant surgeons,-in the nature of things it provided not for the application of a nonexisting or obsolete standard, but for an existing standard,-that is, the rank and pay in force at the time when the services of the acting assistant surgeons were rendered. ”