Chapter 103. For the relief of Edward Everett Hayden, an ensign on the retired list of the Navy
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CHAP. 103.— An Act For the relief of Edward Everett Hayden, an ensign on the retired list of the Navy. January 19, 1901. Whereas Ensign Edward Everett Hayden, United States Navy, was Preamble.placed upon the retired list of the Navy by reason of the loss of a leg, resulting from an accident incurred in the line of duty; and Whereas sections fourteen hundred and ninety-three and fourteen hundred and ninety-four of the Revised Statutes of the United States permit an officer of the Navy who has been wounded in the line of duty to remain upon the active list while capable of performing other than sea duty; and Whereas several other officers of the Navy suffering from similar disability for sea duty have been, and are now, retained on the active list, in accordance with the above-mentioned sections of the Revised Statutes; and Whereas the said Edward Everett Hayden has been, since his retirement, engaged in scientific study and work of value to and under the direction of the Navy Department, including service during the war with Spain, when he volunteered for active duty and served creditably and longer than any other retired officer of the Navy:
Therefore, that justice may be done the said Edward Everett Hayden and that the Navy Department may be enabled to command his services during peace as well as war, in accordance with the above-mentioned sections of the Revised Statutes. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the provisions of law Navy.Edward Everett Hayden may be appointed lieutenant on active list.regulating appointments in the Navy by promotion in the line and limiting the number of lieutenants to be appointed in the United States naval service are hereby suspended for the purpose of this Act only, and only so far as they affect Edward Everett Hayden; and the President of the United States is hereby authorized, in the exercise of his discretion and judgment, to nominate and, by and with the advice and consent of the Senate, to appoint said Edward Everett Hayden, now an ensign on the retired list of the Navy of the United States, to the grade and rank of lieutenant on the active list of the Navy, as of the date of May first, eighteen hundred and ninety-five, and to place his name in the Register of the Navy next after that of his classmate, John 736*Provisos.*Examination.[R.
S., secs. 1496, 1493, pp. 259, 258](/us/rs/s1496/1493/pp259/258).Hood: *Provided*, That the said Hayden shall establish to the satisfaction of the Secretary of the Navy, upon examination by a board of officers convened pursuant to the provisions of section fourteen bundled and ninety-six of the Revised Statutes, his mental, moral, and professional fitness to perform the shore duties of a lieutenant, and before a medical board, pursuant to the provisions of sections fourteen hundred and ninety-three and fourteen hundred and ninety-four of said statutes, that his existing physical disqualification was occasioned by wounds received in the line of his duty, and that such wounds do not incapacitate him for duties other than sea duty in the grade of No pay, etc.lieutenant: *And provided further*, That he shall receive no pay or emoluments by reason of such reappointment to the active list of the Navy except from the date of such reappointment, and that he shall be additional to the number of officers prescribed by law for the grade of lieutenant in the Navy, and in any grade to which he may hereafter be advanced.
Approved, January 19, 1901.