Public Law 74–803

That section 5 of

Naval Academy graduates.

Vol. 48, p. 814.

Public Law Numbered 264, Seventy-third Congress is hereby amended to read as follows:

“Sec. 5.

That section 1 of the Act approved May 6, 1932 (47 Stat. 149; U. S. C., Supp. VII, title 34, sec. 12), is hereby amended by inserting the words ‘ in 1934 and hereafter ’ after the words ‘ midshipmen who ’, and the words ‘Provided, That all former midshipmen graduated in 1933 who received a certificate of graduation and honorable discharge or who resigned and whether they have since been married or not may, upon their own application, if physically qualified, and under such regulations as the Secretary of the Navy may prescribe, be appointed as ensigns prior to November 1, 1935, by the President and shall take rank next after the junior ensign of the Navy and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation: And provided further,’ after the words ‘Naval Academy’ and by striking out ‘in 1932, and at least 50 per centum of all graduates in subsequent years: Provided,’ so that as amended the said section will read as follows:

“‘That the President of the United States¹¹ So in original. is authorized, by

Appointments as ensigns.

and with the advice and consent of the Senate, to appoint as ensigns in the line of the Navy all midshipmen who in 1934 and hereafter graduate from the Naval Academy: Provided, That all former midshipmen

Provisos.

Class of 1933.

graduated in 1933 who received a certificate of graduation and honorable discharge or who resigned and whether they have since been married or not may, upon their own application, if physically qualified, and under such regulations as the Secretary of the Navy may prescribe, be appointed as ensigns prior to November 1, 1935, by the President and shall take rank next after the junior

Rank.

ensign of the Navy and among themselves in accordance with their proficiency as shown by the order of merit at date of graduation: And provided further, That the number of such officers so appointed

Number.

shall, while in excess of the total number of line officers otherwise authorized by law, be considered in excess of the number of officers in the grade of ensign as determined by any computation, and shall be excluded from any computation made for the purpose of determining the authorized number of line officers in any grade on the active list above the grade of lieutenant (junior grade) until the total number of line officers shall have been reduced below the number otherwise authorized by law.’”

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