William Burnham Woods

“ The statute required that all officers retired for disability or incompetency not resulting from long and faithful service, or wounds or injuries received in the line of duty, or from sickness or exposure therein, should be retired on furlough pay; and, as sections 3, 5, and 19 of the naval appropriation act of July 15, 1870, (16 St. 321,) abolished the furlough pay-list, the president was only authorized to retire Brown wholly from the service with one year's pay. We think it is clear that the sections of the statute referred to were not intended to abolish the furlough pay-list. ”

“ So far as they refer to retired officers they apply to the retired list, and not the retired list on furlough pay. For 30 years the legislation of congress has divided retired naval officers into two classes. By section 2 of the act of February 28, 1855, (10 St. 616,) the officers on the retired, or, as it was then designated, reserved list, were divided into those entitled to receive leave of absence pay, and those entitled to receive furlough pay. The distinction between the two classes of retired officers has been preserved down to the present time. ”

“ In the case last mentioned the court said that 'the construction given to a statute by those charged with the duty of executing it ought not to be overruled without cogent reasons. The officers concerned are usually able men and masters of the subject. ”