APPEAL FROM THE COURT OF CLAIMS
MR. JUSTICE DAY delivered the opinion of the court.
This is an appeal from the judgment of the Court of Claims dismissing the petition of the claimant. Upon hearing, that court made the following findings of fact, 37 C. Clms. 365:
"I. The claimant, Ulysses S. G. White, was on the 9th day of January, in the year 1877, appointed a civil engineer in the Navy from civil life. He remained such civil engineer and was such at the time of the passage of the Navy Personnel Act of March 3, 1899.
"II. The claimant, by reason of service in the Army, amounting to six years, seven months and twenty-one days, previous to his entry into the Navy, reached the maximum pay of his grade, $3500, May 19, 1885, under Revised Statutes, sections 1478, 1556. Thus the amount of pay received by him between the 9th of January, 1877, and the 19th of May, 1885, was as follows:
Three years and 130 days, at $2700 per annum $9061 64
Five years, at $3000 per annum 15,000 00
"If he were, upon the date of his appointment, credited for computing his pay with five years' service, and entitled to be paid from that date, he would receive pay at the following rates:
Three years and 130 days, at $3000 per annum $10,068 49
Five years, at $3500 per annum 17,500 00