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Wood v. United States, 224 U.S. 132 (1912)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wood v. United States, 224 U.S. 132 (1912)
Wood v. United States No. 71 Argued November 16, 17, 1911 Decided April 1, 1912 224 U.S. 132
APPEAL FROM THE COURT OF CLAIMS
Syllabus
An officer of the Navy serving as aid to the Admiral under the provisions of the Acts of March 2 and 3, 1899, Cc. 378 and 421, 30 Stat. 995, 1024, 1045, is not entitled under the assimilating provisions of § 13 of the Navy Personnel Act of March 3, 1899, c. 413, 30 Stat. 1007, to the higher rank and pay provided under 1019, Rev.Stat., for aids to the General of the Army, irrespective of the actual rank held by such naval officer during his period of service as such aid.
By the proviso to § 1094, Rev.Stat., which became effective prior to 1888, the office of General of the Army created by 1096, and the rank and incidents thereto ceased, and were revived by the Act of June 1, 1888, 25 Stat. 165, c. 338, only for the period of the life of General Sheridan, and again ceased on his death, since which time there is no officer of the Army to which pay of aids to the Admiral of the Navy can be assimilated under § 13 of the Navy Personnel Act of 1899.
An incongruity resulting from an omission in an act of Congress does not justify the courts exercising legislative power to create an office or pay therefor, and so held that the fact that the pay of all other naval officers, including aids to Rear Admirals, is assimilated to that of corresponding officers of the Army except aids to the Admiral is a matter that must be corrected, if it is to be corrected, by Congress, and not by the courts.
44 Ct.Cl. 611 affirmed.
The facts, which involve the construction of the acts of Congress relating to pay of aids to the Admiral of the Navy, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Wood v. United States, 224 U.S. 132 (1912) in 224 U.S. 132 224 U.S. 133. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=SWTTHU3GQ36RIJJ.
MLA: U.S. Supreme Court. "Syllabus." Wood v. United States, 224 U.S. 132 (1912), in 224 U.S. 132, page 224 U.S. 133. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SWTTHU3GQ36RIJJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Wood v. United States, 224 U.S. 132 (1912). cited in 1912, 224 U.S. 132, pp.224 U.S. 133. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=SWTTHU3GQ36RIJJ.
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