
    CHARLES H. ROCKWELL v. THE UNITED STATES.
    (21 C. Cls. R., 332; 120 U. S. R., 60.)
    
      On the defendants Appeal.
    
    The claimant serves in the volunteer Navy for more than four years, as acting master, lieutenant, and lieutenant-commander. He then serves in the regular Navy as master, lieutenant, and lieutenant-commander. When the act 15th July, 1870, attaches graduated pay to the grades of masters and lieutenants he is a lieutenant in the regular Navy. But he receives no benefit from the act 3d March, 1883, for length of service in the volunteer service, because the accounting officers construe the act to refer to the grade of master, which at the time he held it had no graduated pay.
    (1) Under the Act 3d March, 1883 (22 Stat. L., 473), a naval officer who served in the volunteer Navy is entitled to credit for such service in the lowest grade in the regular Navy having graduated pay at-the time he held it.
    (2) The pay acts apply only to the grades held by officers while such acts were in force. Therefore credit for- length of service should not be given in a grade which did not have graduated pay when held by the officer merely because graduated pay was subsequently attached to it.
    The judgment of the court below is affirmed on the same grounds.
   Mr. Jnstice Harlan

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