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Expert ac. countant.

United States, and in the same manner as in the other staff departments of the Army. And all laws or parts of laws conflicting with this act are hereby repealed.' Acts of February 5, 1885 (23 Stat. L., 297), and July 7, 1898 (30 Stat. L.).

521. For pay of one expert accountant for the InspectorFeb. 24, 1891, v. General's Department, to be appointed in case of vacancy, 26, p. 773. by the Secretary of War, two thousand five hundred dollars. Act of February 24, 1891 (26 Stat. L., 773). Inspections of 522. That it shall be the duty of the Secretary of War public works and disbursements. to cause frequent inquiries to be made as to the necessity, Apr. 20, 1874, v. 18, p. 33. economy, and propriety of all disbursements made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascer tain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their de posits; such inquiries to be made by officers of the Inspection Department of the Army, or others detailed for that purpose: Provided, That no officer so detailed shall be in any way connected with the department or corps making Reports of in the disbursement. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War.3 Secs. 1 and 2, act of April 20, 1874 (18 Stat. L., 33).

spections.

the conduct, discipline, and efficiency of officers and troops, and report with strict impartiality in regard to all irregularities that may be discovered. From time to time they will make such suggestions as may appear to them practicable for the cure of any defect that may come under their observation. (Par. 857, ibid.)

Inspectors general and acting inspectors general are under the orders of the Secretary of War and the Commanding General of the Army only, and all orders not confidential will be issued from the Adjutant-General's Office and transmitted to them through the Inspector-General of the Army. They will make the general inspections within the limits of their respective districts, and will each be allowed the necessary clerks and one messenger, who will be assigned by the Secretary of War. (Par. 858, ibid.)

See also paragraphs 859-866, 872-875, and 878-889, A. R., 1895.

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By the act of July 7, 1898 (30 Stat. L.), the President was "authorized, by and with the advice and consent of the Senate, to appoint one inspector genera, with the rank of colonel, one inspector-general with the rank of lieutenant-colonel, and one inspertor-general with the rank of major." The act of July 7, 1898, however, contained the proviso that the vacancies created in the grade of colonel and lieutenant-colonel shall be filled by the promotion of officers now in the Inspector-General's Department according to seniority, and that upon the mustering out of the volunteer forces and the reduction of the Regular Army to a peace basis, no appointments shall be made in the Inspector-General's Department until the number of officers in each grade in that department shall be reduced to the number now authorized by law.'

2 For statutory provisions respecting the mileage of this officer see the act of February 27, 1893 (27 Stat. L., 430). Par. 634, post.

INSPECTIONS OF PUBLIC WORKS AND DISBURSEMENTS.

The inspection contemplated in this provision is that required by the act of April 20, 1874 (18 Stat. L., 33). See also Chapter XII, entitled THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

All depots, armories, arsenals, and public works of every kind under charge of officers of the Army, except works of engineering conducted under the direction of the Secretary of War and supervision of the Chief of Engineers, will be inspected annually by officers of the Inspector-General's Department. These inspections will include military and business administration and methods, but will not extend to the scientific or technical character of work, for which the officer in charge is responsible, through the head of his department, to the Secretary of War. (Par. 868, A. R., 1895.) Inspectors-general and acting inspectors-general will inquire as to the necessity, economy, and propriety of all disbursements, their strict conformity to the law appro priating the money, and whether the disbursing officers comply with the law in keeping their accounts and making their deposits. A statenient of receipts and expenditures and of the distribution of funds, with a list of outstanding checks, on forms furnished by the Inspector-General of the Army, will be submitted by the disbursing officer to the inspector, who should immediately transmit the list of outstanding checks to the several depositories. Upon return from a depository, balances

523. Hereafter no portion of the appropriation for mile-Limitation on mileage. age to officers traveling on duty without troops shall be Aug. 6, 1894, v. 28, p. 237. expended for inspections or investigations, except such as are especially ordered by the Secretary of War, or such as are made by Army and department commanders in visiting their commands, and those made by Inspector-General's Department in pursuance of law, Army regulations, or orders issued by the Secretary of War or the Commanding General of the Army; and all orders involving the payment of mileage shall state the special duty enjoined. Act of August 6, 1894 (28 Stat. L., 237).

Inspection of

volunteer sol

Mar. 3, 1893, v.

524. The Secretary of War shall hereafter exercise the same supervision over all receipts and disbursements on diers' homes. account of the volunteer soldiers' homes as he is required 27, p. 653. by law to apply to the accounts of disbursing officers of the Army. Act of March 3, 1893 (27 Stat. L., 653).

tion of military

Jan. 19, 1891,

Sec. 1348, R. S.

525. One of the inspectors-general of the Army shall, at Annual inspec least once each year, visit the prison for the purpose of prison. examining into the books and all the affairs thereof, and v. 26, p. 722. ascertaining whether the laws, rules, and regulations relating thereto are complied with, the officers are competent and faithful, and the convicts properly governed and employed, and at the same time treated with humanity and kindness. And it shall be the duty of the inspector, at once, to make full report thereof to the Secretary of War.

eral to designate

etc.

Sec. 25, July 28, 1866, v. 14, p. 336.

526. The officers of the Subsistence Department shall Inspectors-genprocure, and keep for sale to officers and enlisted men at articles for sale, cost prices, for cash or on credit, such articles as may, from time to time, be designated by the inspectors-general of Sec. 1144, R. S. the Army. An account of all sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Paymaster-General. See sections 1299 and 1300, Rev. Stat. (paragraphs 659 and 660, post).

will be verified and noted on the inspection report, which will then be forwarded to the Inspector-General. The list of outstanding checks will be retained by the inspector and a copy, with indorsements thereon, sent to the Inspector-General. (Par. 876, ibid.)

When an officer ceases to act as a disbursing officer, he will submit to the officer to whom the inspection of his accounts has been assigned a statement of his money accounts from date of last inspection to and including the closing of his accounts, with a list of outstanding checks. If an inspection be impracticable, the statement will be forwarded to the Inspector-General of the Army. (Par. 877, ibid.)

The inspection of disbursements and money accounts of disbursing officers required by act of April 20, 1874, will be made by officers of the Inspector-General's Department or others detailed for that purpose, and, as far as practicable, at irregu lar intervals; but no officer so detailed shall be in any way connected with the corps o staff department making the disbursement. The frequency of these inspections will be regulated by the Secretary of War. (Par. 871, ibid.)

Section 2 of the act of March 3, 1883 (22 Stat. L., 564), requires the InspectorGeneral, in person, to make an annual inspection of the Home. (See par. 1719, post.)

CHAPTER XVI.

THE JUDGE-ADVOCATE GENERAL'S DEPART

MENT.

The JudgeAdvocate-Gen

ment; composi tion.

July 5, 1884, v. 23, p. 113.

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527. The Judge - Advocate - Gen- 531. Judge-advocates of depart

eral's Department; compo

sition.

528. Promotions; how made.

ments and of courts-martial may administer oaths for certain purposes.

529. Duties of the Judge-Advo- 532. Disposition of proceedings of certain minor courts-martial.

cate-General.

530. Duties of judge-advocates.

527. That the Bureau of Military Justice' and the corps eral's Depart of judge-advocates of the Army be, and the same are hereby, consolidated under the title of Judge AdvocateGeneral's Department; and shall consist of one JudgeAdvocate-General with the rank, pay, and allowances of a brigadier-general; one assistant judge-advocate-general, with the rank, pay, and allowances of a colonel; three deputy judge advocate-generals, with the rank, pay, and allowances of lieutenant-colonels; and three judge-advocates, with the rank, pay, and allowances of majors; the colonel and lieutenant-colonels to be selected by seniority from the present corps of judge-advocates. And the Secretary of War is hereby authorized to detail such number of officers of the line as he may deem necessary to serve as acting judge advocates of military departments, who shall have while on such duty the rank, pay, and allowances of captains of cavalry. Act of July 5, 1884 (23 Stat. L., 113).

Promotions

how made.

Sec. 2, ibid.

Duties of the Judge AdvocateGeneral.

Sec. 1199, R. S.

528. Promotions in the Judge-Advocate-General's Department, as provided in the first section of this act, shall be by seniority up to and including the rank of colonel.2 Sec. 2, ibid.

529. The Judge-Advocate-General shall receive, revise and cause to be recorded the proceedings of all courtsmartial, courts of inquiry, and military commissions, and

1 Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 1874 (18 Stat. L., 244), were replaced by the act of July 5, 1884 (23 Stat. L., 117), which merged the Bureau of Military Justice and the corps of judge-advocates in the JudgeAdvocate-General's Department, created by that statute.

2 Section 3 of this act contains the provision that nothing herein shall be construed to interfere with the rank or position of any officer now holding a commission in either the Bureau of Military Justice or corps of judge-advocates.

perform such other duties as have been performed heretofore by the Judge-Advocate-General of the Army.1

530. Judge-advocates shall perform their duties under Duties of the direction of the Judge-Advocate-General.

judge-advocates. Sec. 1201, R. S.

Judge-advo cates of depart

courts martial

531. That judge-advocates of departments and of courts martial, and the trial officers of summary courts, are hereby ments and of authorized to administer oaths for the purposes of military may administer justice, and for other purposes of military administration. oaths for certain Sec. 4, act of July 27, 1892 (27 Stat. L., 278.)

courts martial.

purposes. Sec. 4. July 27, 1892, v. 27, p 278. 532. That hereafter the records of regimental, garrison, Disposition of proceedings of and field officers [and] courts-martial shall after having certain minor been acted upon, be retained and filed in the Judge-Advo- Mar. 3, 1877, v. cate's office at the Headquarters of the Department Commander, in whose department the courts were held, for two years, at the end of which time they may be destroyed. Act of March 3, 1877 (19 Stat. L., 310).

The work done in his office and for which this officer is responsible consists mainly of the following particulars: Reviewing and making reports upon the proceedings of trials by court-martial of officers, enlisted men, and cadets, and the proceedings of courts of inquiry; making reports upon applications for pardon or mitigation of sentence; preparing and revising charges and specifications prior to trial, and instructing judge-advocates in regard to the conduct of prosecutions; drafting of contracts, bonds, etc.; as also for execution by the Secretary of War of deeds, leases, licenses (see License), grants of rights of way, approvals of loca tion of rights of way, approvals of plans of bridges and other structures, notices to alter bridges as obstructions to navigation, etc.; framing of bills, forms of procedure, etc.; preparing of opinions upon questions relating to the appointment, promotion, rank, pay, allowances, etc., of officers, enlisted men, etc., and to their amenability to military jurisdiction and discipline; upon the civil rights, liabilities, and relations of military persons and the exercise of the civil jurisdiction over them; upon the employment of the Army in execution of the laws; upon the discharge of minors, deserters, etc., on habeas corpus; upon the administration of military commands, the care and government of military reservations, and the extent of the United States and State jurisdictions over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the interpretation and effect of public contracts between the United States and individuals or corporations; upon the validity and disposition of the varied claims against the United States presented to the War Department; upon the execution of public works under appropriations by Congress; upon obstructions to navigation as caused by bridges, dams, locks, piers, harbor lines, etc.; upon the riparian rights of the United States and of States and individuals on navigable waters, etc.; and the furnishing to other Departments of the Government of statements and information apposite to claims therein pending, and to individuals of copies of the records of their trials under the one hundred and fourteenth article of war. The matter of the submitting to the Judge Advocate-General of applications for opinions is regulated by paragraph 852, Army Regulations.

The Judge Advocate-General's Department is the Bureau of Military Justice. The Judge Advocate-General is the custodian of the records of all general courtsmartial, courts of inquiry, and military commissions, and of all papers relating to the title of lands under the control of the War Department, except the Washington Aqueduct and the public buildings and grounds in the District of Columbia. The officers of this department render opinions upon legal questions when called upon by proper authority. (Par. 890, A. K., 1895.)

The original proceedings of all general courts-martial, courts of inquiry, and military commissions, with the decisions and orders of the reviewing authorities made thereon, and the proceedings of all general courts-martial, courts of inquiry, and military commissions which require the confirmation of the President, but which have not been appointed by him, will be forwarded direct to the Judge AdvocateGeneral. One copy of the order promulgating the action of the court and a copy of every subsequent order affecting the case will be forwarded to the Judge-AdvocateGeneral, with the record of each case. When more than one case is embraced in a single order, a sufficient number of copies will be forwarded to enable one to be filed with each record. The proceedings of all courts and military commissions appointed by the President will be sent direct to the Secretary of War. (Par. 892, A. R., 1895.) Applications of officers, enlisted men, and military prisoners for copies of proceed ings of general courts martial, to be furnished them under the one hundred and fourteenth article of war, will, when received by post or other commanders, be forwarded direct to the Judge Advocate General. (Par. 894, A. R., 1895.)

Communications relating to proceedings of military courts on file in the JudgeAdvocate-General's Department will be addressed and forwarded direct by department commanders to the Judge Advocate-General. In routine matters the Judge. Advocate General and judge-advocates may correspond with each other direct. (Par. 895. A. R., 1895.)

The reports which the Judge Advocate-General may render upon cases received by him, and which require the action of the President, will be addressed to the Secretary of War and will be forwarded, through the Commanding General of the Army, for such remarks and recommendations as he may see fit to make. (Par. 896, A. R., 1895.)

19. p. 310.

The Quartermaster's Department; position.

Par.

CHAPTER XVII.

THE QUARTERMASTER'S DEPARTMENT.

Par.

533. The Quartermaster's Depart-553. Number of civilian emment; composition.

534. Military storekeepers.

535. Duties.

536. Kind and amount of supplies
to be prescribed by Secre-
tary of War. Assignments
with increased rank.

537. Subsistence duty.
538. Post quartermaster ser-
geants.

539. Procurement of supplies.
540. Purchases; how made; emer-

gency purchases.

ployees limited.

554. Salaries of civilian em-
ployees.

555. Extra duty; rates of pay.
556. Details to be in writing.
557. Details in the field; how
made.

558. Rates of extra-duty pay
559. Allowance of fuel and for-
age.

560. No discrimination in issues of
forage to officers serving
east of Mississippi River.

541. Expenses of bakeries, post 561. Purchases of clothing.

schools, messes, etc.

542. Post gardens and exchanges.
543. Printing.

544. Transportation of troops.

545. Transportation in kind to

officers.

546. Limit to number of pack ani

mals; transportation of
stores by contract.

562. Uniform to be prescribed by

President.

563. Clothing allowances.

564. Clothing balances; how payable.

565. Gratuitons issues.

566. Selling or spoiling clothing etc.; penalty.

567. Altering clothing.

517. Means of transportation to be 568. Limit of cost.

procured by contract.

548. Cavalry and artillery horses

to be procured by contract;
inspection.

569. Permanent barracks.
570. Limit on expenditures.
571. Quarters in kind to be fur-
nished to officers.

549. Limit as to number of horses 572. Officers temporarily absent in

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533. That the Quartermaster's Department of the Army com shall hereafter consist of the Quartermaster-General, with Mar. 3, 1875, v. the rank, pay and emoluments of a brigadier-general; four Sec. 1132, R. S. assistant quartermaster's-general, with the rank, pay and

18, p. 339.

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