William Burnham Woods

“ But we are of opinion that it is an unwarranted construction of the statute and regulation to hold that, as soon as a first assistant engineer has served two years at sea on board a naval steamer, he is entitled, as a matter of right, to an immediate examination, whether there is a vacancy in the next higher grade to which he could be promoted or not; and if his examination is delayed by his absence on duty, he can, when examined and promoted, demand the pay of a chief engineer from the time when he had completed his two years' service at sea. ”

“ In no event, therefore, could he demand that the increased pay of his new grade should begin until he had a right to be examined for promotion. It appears that under a misconstruction of the law a practice grew up in the navy department by which promoted officers were allowed the pay of their new grade from the time when they were eligible for examination. ”

“ We see no reason why a practice unwarranted either by law or the regulations of the navy, and which had been discontinued for eight years, should be revived and given effect in this case. Judgment affirmed. ”