
    CHARLES B. MASON, EXECUTOR OF THOMAS MASON, DECEASED, v. THE UNITED STATES.
    [46 C. Cls. R., 393; 47 C. Cls. R., 31; 227 U. S. R., 486.]
    
      On the defendant's appeal.
    
    This case, decided adversely to the claimant (46 C. CIs. B., 393), is again brought before the court by a motion for a new trial on precisely the same facts, and is reconsidered on the single question of the true interpretation to be given to the act 16th April, 1908 (S. 5). In the former decision it was held that the advance of rank and pay given by the act i6th April, 1908, is limited by the words “when retired.” Also that the advancement of a retired officer under, an exceptional act, the act 25th February, 1905, will not increase his pay under the later act of 1908. Also that the advance in rank and pay intended by this act must be reckoned at the time of the retirement and can not be reckoned upon the rank acquired by virtue of a statute passed for his benefit after his retirement.
    
      The court below decides:
    I. The act 16 April, 1908 (35 Stat. L., p. 61), provides that certain, officers of the Revenue-Cutter Service “ shall when retired have the ranlc and receive three-fourths of the duty pay and inorease of the newt higher grade; and the provisions of this section shall apply to officers of the said service now on the retired list.” The words “ shall when retired have the ranlc and receive three-fourths of the duty pay and increase of the newt higher grade ” being unambiguous, must be held to relate to retirements subsequent to the passage of the act.
    II. The concluding words of the fifth section, “ the provisions of this1 section shall apply to officers of the said service now on the retired list,” recognized the status, rank, and grade of the officers as they existed at the time of the passage of the act. They therefore can not be applied to. the time when the officers retired from active service.
    The decision of the court below is reversed on the ground that section 5 of the act of April 16, 1908, 85 Stat. L., 61, c. 345, providing for rank and pay of retired officers of the Revenue-Cutter Service, did not give in this case an additional step forward in pay to a retired officer who had already been advanced one step in grade gratuitously.
    February 24, 1913.
   Mr. Justice Lur'ton

delivered the opinion of the Supreme Court  