Morse v. United States, 229 U.S. 208 (1913)

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Morse v. United States

No. 274

Argued May 2, 1913
Decided May 26, 1913
229 U.S. 208

APPEAL FROM THE COURT OF CLAIMS

Syllabus

A naval officer who had been retired under § 23 of the Act of 1861 for disability not originating in the line of duty and afterwards transferred to the three-quarter pay list under § 1558, Rev.Stat., by authority of a special act of Congress held not entitled to advanced pay to which officers retired on account of wounds or disability incident to the service are entitled under the Act of June 29, 1906.

There being nothing in the record to show that any injustice was done by the Retiring Board in retiring an officer of the navy for disability not originating in the line of duty, a special act of Congress subsequently passed for his relief and placing him on a list by which he receives increased pay will not be construed as one relieving him from wrong and injustice and giving him the benefits of officers retired for disabilities incident to the service.

46 Ct.Cl. 361 affirmed.

The facts, which involve the construction of the Acts of Congress relating to pay of retired naval officers, are stated in the opinion.