United States v. Symonds

• Decision Date: 10 January 1887
• Citation: 30 L.Ed. 557,120 U.S. 46,7 S.Ct. 411
• Parties: UNITED STATES v. SYMONDS
• Court: U.S. Supreme Court

120 U.S. 46

7 S.Ct. 411

30 L.Ed. 557

UNITED STATES v. SYMONDS.

January 10, 1887.

Atty. Gen. Garland and F. P. Dewees, for the United States.

John Paul Jones and Robert R. Lines, for appellee.

HARLAN, J.

The question in this case is whether certain services of the appellee, a lieutenant in the navy of more than five years' standing, were performed 'at sea,' within the meaning of section 1556 of the Revised Statutes. That section provides as follows: 'The commissioned officers and warrant officers on the active list of the navy of the United States, and the petty officers, seamen, ordinary seamen, firemen, coal-heavers, and employes in the navy, shall be entitled to receive annual pay at the rates herein stated, after their respective designations: * * * Lieutenants, during the first five years after date of commission, when at sea, $2,400; on shore duty, $2,000; on leave or waiting orders, $1,600; after five years from such date, when at sea, $2,600; on shore duty, $2,200; on leave or waiting orders, $1,800.'

By an order of the secretary of the navy, June 30, 1881, the officer commanding the United States training ship New Hampshire, then at Norfolk, Virginia, was authorized to enlist officers' stewards, cooks, and servants, such as were allowed for a vessel with her complement of officers; the order declaring that her officers 'will be considered as attached to a vessel commissioned for sea service, the same as other apprentice training vessels.' On the first day of April, 1882, Symonds in obedience to orders, assumed the post of executive officer of the New Hampshire, and thereafter discharged the duties of that position, which were similar to those performed by executive officers of cruising ships. 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. He was required to have his quarters on board, to wear his uniform, to mess on the vessel, and was not permitted, by the rules of the service, to live with his family. When he reported on board that ship she was stationed at Narragansett bay, and, during most of his service thereon, was the flag-ship of the training squadron.

On the seventh day of July, 1882, the then secretary of the navy issued an order to the effect that, 'on and after the first day of August next, the New Hampshire, the Minnesota, the Intrepid, and the Alarm will not be considered in commission for sea service.' There was, however, no change in the status of the ship on or after August, 1882, her equipment and complement of officers being those of a cruising ship. From April 1, 1882, to July 31, 1882, appellee was allowed sea pay, and commutation of rations at 30 cents per day; but from the latter date he as allowed only shore pay of an officer of his grade, without rations or commutation therefor. This suit was brought by appellee to recover the difference between pay for sea and shore duty, as regulated by section 1556 of the Revised Statutes.

Section 1571 of the Revised Statutes—which is a reproduction of the third section of an act of June 1, 1860, increasing and regulating the pay of the navy, (12 St. 27)—provides that 'no service shall be regarded as sea service except such as shall be performed at sea, under orders of a department, and in vessels employed by authority of law.' It is not disputed that the services of Symonds were performed under the orders of the secretary of the navy, and in a vessel employed by authority of law. If they were performed 'at sea,' his compensation therefor is absolutely fixed by section 1556. Does the statute confer upon the secretary of the navy, acting alone or by...