
    WILLIAM C. GIBSON v. THE UNITED STATES.
    [Not reported in C. Cls. R.; 194 U. S. R., 182.]
    
      On the claimants' Appeal.
    
    The claimant is a retired rear-admiral. This action was prosecuted to recover the difference between three-fourths the pay of a brigadier-general and that of a major-general of the Army, accorded by statute to retired rear-admirals The court below dismissed the petition, holding the claimant entitled to three-fourths the pay of a brigadier-general. Upon the hearing in that court the following facts were found:
    “I. The claimant, William O. Gibson, was duly appointed a captain in the Navy, to rank from February 18, 1900. While serving in that grade, then being an officer of the Navy, with a creditable record, who served during the civil war, he was retired by the following order:
    “ ‘Navy Department,
    “ ‘ Washington, June SO,' 1900.
    
    “ ‘ Sir: On June 23,1900, you will regard yourself transferred to the retired list of officers of the United States Navy, in accordance with the provisions of section 1444 of the Revised Statutes, and with the rank and three-fourths of the sea pay of the next higher grade, i. e., rear-admiral, in accordance with the provisions of section 11 of the naval personnel act, approved March 3, 1899.
    ‘“Respectfully,
    “‘John D. Long, Secretary.
    
    “ ‘Capt. William O. Gibson, U. S. Navy,
    “ 1 Commanding U. S. S. Texas.’
    
    “II. Since his retirement he has received pay at the rate of four thousand one hundred and twenty-five dollars ($4,125) a year, being three-fourths of five thousand five hundred dollars ($5,500), the pay fixed by section 1261 of the Revised Statutes of the United States as that of a brigadier-general in the Army.
    “If paid at the rate fixed by said section 1261 for a major-general in the Army, he would receive pay at the rate of three-fourths of seven thousand five hundred dollars a year, being five thousand six hundred and twenty-five dollars ($5,625) a year, a difference of, over and above what he has been receiving one thousand five hundred dollars ($1,500) a year.
    “III. From January 22, 1900, to July 3, 1900, inclusive, claimant was, by regular assignment, in command of the U. S. S. Texas, a seagoing vessel in commission. During that period he was, prior to the 18th of February, a commander in receipt of pay at the rate of four thousand dollars ($4,000) a year, and from and after that date a captain, receiving pay at the rate of four thousand five hundred dollars ($4,500) a year. He did not, while so attached to and in command' of said vessel, receive any sea ration or commutation therefor, under Revised Statutes, sections 1578 and 1585 (reply of Navy Department not printed).
    “The commutation therefor at the rate of thirty cents per day would amount to forty-eight dollars and ninety cents (§48.90).”
   The court below dismissed the petition and its decision is affirmed.

Mr. Justice Day

delivered the opinion of the Supreme Court, April 25, 1904.  