UNITED STATES SUPREME COURT DECISIONS ON-LINE

The assimilating clause of § 13 of the Navy Personnel Act of 1899 applies only to officers on the active list, and does not repeal the prior laws respecting the pay of officers compulsorily retired under § 1454, Rev Stat., for incapacity not resulting from any incident of the service.

A statute will not be so construed under an assimilation clause as to destroy legislation which Congress incorporated into the act after having it called to its attention.

The Personnel Act emphasizes the plain intent of Congress not to destroy the then existing standards of retirement for Navy officers, but to retain and add to those standards, as distinguished from the standards of retirement fixed for the Army.

43 Ct.Cl. 320 affirmed.

The facts are stated in the opinion.