The opinion
*182 CLARK, Circuit Judge
(concurring in the result).
While I concur in the result, I by no means proceed on the same ground. I think that the language used by the majority is altogether too lenient for the flagrant disregard of law exhibited by the Secretary of the Navy.
Only one question is presented in this appeal — Can the Secretary of the Navy, or my other administrative official, deliberately flout the will of Congress clearly and without ambiguity expressed in the law of the land?
The law applicable on the subject is the Veterans’ Preference Act of 1944, which reads, in pertinent part, as follows:
5 U.S.C.A. § 851 : Persons entitled to . federal employment preferences.
"In certification for appointment, in appointment, in reinstatement, in reemployment, and in retention in civilian positions in all establishments * * * of the Government * * * preference shall be given to * * * (4) those ex-servicemen and women who have served on active duty in any branch of the armed forces * * * or expedition (for which a campaign badge has been authorized), and have been separated therefrom under honorable conditions. (June-27, 1944, c. 287, § 2, 58 Stat. 387 , amended July 26, 1947, c. 343, Title II, § 205(a), 61 Stat. 501 ).”
5 U.S.C.A. § 861 : Reduction in personnel; considerations affecting release.
“In any reduction in personnel in any civilian service of any Federal agency, competing employees shall be released in accordance with Civil Service Commission regulations which shall give due effect to tenure of employment, military preference, length of service, and efficiency ratings * * * Provided further, That preference employees whose efficiency ratings are 'good’ or better shall be retained in preference to all other competing employees * ■ * * (June 27, 1944, c. 287, § 12, 58 Stat. 390 ).”
The facts are undisputed. A reduction in force was contemplated at Mare Island Naval Shipyard. Appellants all enjoyed veterans’ preference status, and all enjoyed ratings of good or better. Yet notwithstanding the policy expressed in the Act, passed by the Congress, signed by the President, and duly promulgated, the Secretary of the Navy reduced appellants in rank below certain non-preference employees.
Counsel for appellee stated that the statute was not followed because “the Secretary of the Navy had changed his policy”. The Secretary changed his policy, forsooth. Not one word was forthcoming as to any change in the policy of Congress, which is the law. In my judgment, the defiance of the law and disregard of the will of Congrees on the part of administrative bureaucrats is a greater menace to our institutions tuan the threat of the atomic bomb.