Legal Opinion

Williams v. United States

United States Court of Claims

Decided May 24, 1915No. 32983Published

The Reporter's statement of the case: The plaintiff, a lieutenant (junior grade), in the Navy, was entitled to be promoted to the grade of lieutenant, January 1, 1904. He, however, failed in his examination for promotion, and was thereupon suspended from promotion for one year.

Read the full summary

The Reporter's statement of the case: The plaintiff, a lieutenant (junior grade), in the Navy, was entitled to be promoted to the grade of lieutenant, January 1, 1904. He, however, failed in his examination for promotion, and was thereupon suspended from promotion for one year. At the expiration thereof he successfully passed his examination and was commissioned a lieutenant in the Navy from January 1, 1905. Upon the circumstances being represented to Congress an act was passed for his relief. It was stated in the report of the committee, House Report No. 1897, 60th Congress, 1st sess.: “ The…

1Opinion of the CourtAtkinson, Judge

The plaintiff at the time this case arose, viz, January, 1904, was a lieutenant (junior grade) of more than 10 years’ service in the Navy. A vacancy existed in the grade of lieutenant on said date and the claimant was eligible to advancement and would have been advanced except for his failure to pass the professional examination required by law. By the terms of section 1505, Revised Statutes,' a failure to pass the required examination for promotion resulted in the applicant’s suspension for promotion for a period of one year with a corresponding loss of numbers. This section reads as follows:

2Cases cited3 opinions

  1. United States v. BurchardSupreme Court of the United States · 1888
  2. Smith v. United StatesUnited States Court of Claims · 1915
  3. McAlpine v. United StatesUnited States Court of Claims · 1892

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API