
    HOWARD POTTS v. THE UNITED STATES.
    (No opinion in C. Cls.
    125 U. S. R., 173.)
    
      On the claimant’s Appeal.
    
    This is a claim of a naval officer on the retired list for three-quarters sea pay-under the first clause of section 1588, Revised Statutes, instead of half pay under the second clause of said section by reason of a transfer from the furlough to the retired-pay list in accordance with section 1594, Revised Statutes.
    The court below dismisses the claimant’s petition without an opinion.
    
      'The decision of the court below is affirmed.
    The Supreme Court decides that a naval officer retired on furlough pay under section 1454, Revised Statutes for incapacity not incurred in the line of his duty and being subsequently transferred by the President by and with the consent of the Senate from the furlough to the retired-pay list under section 1594, Revised Statutes, is entitled thereafter, under the second clause of section 1588, Revised Statutes, when not on active duty, to one half the sea pay provided for the grade or rank held by him at the time of his retirement.
   The Chief Justice

delivered the opinion of the Supreme Court March 19, 1888.  