
    F. M. SYMONDS v. THE UNITED STATES.
    (21 C. Cls. R., 148; 120 U. S. R., 46.)
    
      On the defendant’s Appeal.
    
    The Secretary of the Navy, in 1882, issues an order declaring that certain training ships “ will not be considered in commission for sea service.” The pay of officers serving on those vessels is accordingly reduced to shore pay, though their services are the same as on cruising vessels. The officers are subject to all the regulations, restrictions, and expenses incident to cruisers.
    The court Jbelow decides :
    (1) The orders, regulations, and instructions issued by the Secretary of the Navy under Revised Statutes (§ 1547) must be in accordance with, law, and upon a subject which the law has not determined, adjusted, or defined.
    (2) A regulation of an Executive Department must conform to the law, if a law exists upon the subject of the regulation.
    (3) A Secretary of the Navy can not change the character of an officer’s service from sea service to shore service by simply ordering that it be so regarded. Sea service is defined by Revised Statutes (§1571) and the final,construction of the statute is vested in the judiciary.
    (4) Service rendered upon a training ship at anchor, the officer being subject to all the regulations, restrictions, and expenses incident to a cruiser, is sea service within the intent of Revised Statutes (.§ § 1571, 1556).
    (5) The words “ at sea,” as used in the Revised Statutes (§§ 1556, 1571), do not mean on the high seas, nor out of sight of land, but upon the waters of the sea, where the officer will be subjected to the restrictions, regulations, and requirements incident to service at sea.
    The judgment of the court below is affirmed on the same grounds.
   Mr. Justice Harlan

delivered the opinion of the Supreme Court, January 10, 1887.  