RANI(. The order or place in which offi cers are placed in the army and navy, in re lation to others.
It is a maxim that officers of an inferior rank are bound to obey all the lawful com mands of their superiors, and are justified for such obedience.
Rank is often used to express something different from office. It then becomes a des ignation or title of honor, dignity, or dis tinction conferred upon an officer in order to fix his relative position in reference to other officers in matters of privilege, precedence, and sometimes of command, or by which to determine his pay and emoluments. This is the case with the staff officers of the army ; Wood v. U. S., 15 Ct. Cl. 159.
Military Rank is that character or quality bestowed on military persons which marks their station and confers eligibility to exer cise 'command in the service. It is divided into grades which mark the different posi tions and powers of the different classes of persons possessing it ; Army Reg. 1895. It is generally held by virtue of office in a regi ment &c., but may be conferred independently of office. In each grade, date of commission &c., determines precedence. The determina tion by the legislative or executive branch as to the relations among officers is binding on the judicial department; De Celis's Adm'r v. U. S., 13 Ct. Cl. 117. Command is exercised by virtue of office and special assiament. Without orders an officer cannot put himself on duty except under Art. of War 22 (to quell an affray in his own or another corps, &c.), or Art. of War 122 (providing that where dif ferent corps come together the officer highest in rank shall command the whole). See
Davis, Mil. Law. 560.
A Vice Admiral ranks with a Lieut. Gen eral; Rear Admiral with Major General; Commodore (abolished from the active list March 3, 1899) with Brig. General ; Captain with Colonel ; Commander with Lieut. Colo nel ; Lieut. Commander with Major ;' Lieu tenant with Captain; Lieutenant (junior grade) with First Lieutenant ; Ensign with Second Lieutenant. See R. S. § 1466. Offi cers of the Marine Corps are on a similar footing as those of similar grades in the army ; R. S. § 1603. Precedence between officers in each branch is according to the dates of commissions ; Op. A. G. Oct. 7, 1905.
The distinction between rank and office is more clearly apparent with reference to staff officers than to officers of the line, be cause in the latter case the words used to designate the rank and the office are us ually the same, while in the former case they are always different.
In some cases, officers of the line have a rank assigned to them different from the title of their office. Selections are usually made from among officers whose rank is raised to a higher degree by the service as signed to them, but the new rdnk does not confer a new office.
In the army, all officers, except chaplains, are paid according to their rank ; in the navy, the pay of staff officers does not depend upon their rank; and there rank only, de termines matter of precedence, etc., among officers.
Grade is a step or degree in either office or rank. See Wood v. U. S., 15 Ct. CL 151.