by John Marshall Harlan

“ Does the statute confer upon the secretary of the navy, acting alone or by direction of the president, the power to declare a particular service to be shore service, if, in fact, it was performed by the officer 'when at sea,' under the orders of the department, and on a vessel employed by authority of law? By the navy regulations of 1876, it was declared that 'duty on board a sea-going vessel of the navy in commission, on board a practice ship at sea, or on board a coast-survey vessel actually employed at sea, will be regarded by the department as sea service.' Page 85. ”

“ He also discharged other duties of a character more exacting and arduous than those on board of any other class of naval vessels. There was no change in the nature of his services after he reported for duty as executive officer of the New Hampshire. ”