
    JAMES G. GREEN v. THE UNITED STATES.
    [25 C. Cls. R., 300; 138 U. S. R., 393.]
    
      On the defendants’ Appeal.
    
    On tile 1st July, 1870, the claimant ’is a lieutenant in the Navy. On the 3d he is pronioted to he lieutenant-commander. On the 15th the act is passed attaching graduated pay to both offices, hut to take effect from the 1st July. In 1883 the act is passed allowing longevity pay, to be computed upon “ the lowest grade having graduated pay held l>y such officer.” The accounting officers insist that the claimant’s pay shall be computed upon his rank as lieutenant, he on his rank as lieutenant-commander.
    The court below decides :
    (1) The Naval Appropriation Aot, 15th July, 1870 (1(3 Stat. L., p. 321, § 3), declares that ceitain officers’ graduated pay shall be computed according to “ the lowest grade having graduated pay held hy such officers.” This means “ having graduatedpay ” at the time when the officer was in that grade.
    (2) Whether graduated pay was attached to a naval officer by immediate or prospective or retroactive legislation is immaterial, if it was not attached until after an officer had ceased to hold it. His graduated pay must be computed according to the higher grade which he had then attained.
    The judgment of the court below is reversed, on the ground that the claimant was a lieutenant some days after June 30, 1870, when the act of July 15 took effect, notwithstanding that this effect was retroactive.
   Mr. Chief-Justice Fuller

delivered the opinion of the Supreme Court February 2, 1891.  