a final fraction of one-half or more occurs in the number of officers involved in any such computation the next higher whole number of officers shall be regarded as the authorized or required number thereof. Sec. 2, Army promotion act of July 31, 1935 (49 Stat. 506); 10 U. S. C. 553b.

The number of promotion-list officers that shall be in the respective grades of captain and first lieutenant at any time after the effective date of this Act shall be such as results from the operation of the promotion system hereinafter in this paragraph prescribed. * * Sec. 3, Army promotion act

of July 31, 1935 (49 Stat. 506); 10 U. S. C. 552a.

The above provisions superseded section 4 of the National Defense Act as amended, the act of June 30, 1922 (42 Stat. 721), and the act of September 14, 1922 (42 Stat. 840), prescribing the number of commissioned officers in the various grades from second lieutenant to colonel, inclusive, as published in the 1929 Edition.

The "aggregate number of promotion-list officers" authorized by act of April 13, 1938, section 7, ante, is 12,799.

*

* *

*

12. Commissioned strength by grades; professors.-* * * On and after July 1, 1920, there shall be professors as now authorized by law, and the numbers herein prescribed shall not be exceeded: * * Sec. 4, act of June 3, 1916 (39 Stat. 167); sec. 4, act of June 4, 1920 (41 Stat. 760); 10 U. S. C. 482.

For professors authorized for the Military Academy, see 1180-1192a, post.

13. Strength; warrant officers. In addition to those authorized for the Army Mine Planter Service, there shall be not more than one thousand one hundred and twenty warrant officers, including band leaders, who shall hereafter be warrant officers. * * * Sec. 4a, added to act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761); 10 U. S. C. 591.

** Provided, That no vacancies in the grade of warrant officer, exclusive of warrant officers in the Mine Planter Service, shall be filled until the number in such grade is reduced to six hundred, and thereafter the number shall not be increased above six hundred: Provided further, That nothing contained herein shall prevent the appointment of qualified band leaders for authorized bands: * * Act of June 30, 1922 (42 Stat. 723); 10 U. S. C. 10, 592.

Provided further, That the limitation in the Act of June 30, 1922, on the number of warrant officers, United States Army, shall not apply to the appointees hereunder. Act of Apr. 27, 1926 (44 Stat. 328); 10 U. S. C. 595; act of Mar. 4, 1927 (44 Stat. 1417); act of May 23, 1928 (45 Stat. 719); 10 U. S. C. 596.

The acts cited in last paragraph provide for the appointment of Army field clerks, and field clerks, Quartermaster Corps, as warrant officers. See 130, post.

*

14. Strength; warrant officers of the Army Mine Planter Service.-* Provided further, That within sixty days after the approval of this Act the number of warrant officers in the Army Mine Planter Service shall be reduced to forty, and thereafter the number shall not be increased above forty. Act of June 30, 1922 (42 Stat. 723); 10 U. S. C. 275.

That the Secretary of War is hereby authorized and directed to reappoint and immediately discharge or retire, as hereinafter directed, all warrant officers, Army Mine Planter Service, discharged from such service pursuant to the Act entitled "An Act making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1923, and for other purposes," approved June 30, 1922: Provided, That warrant officers of the Army Mine Planter Service of less than ten years' service be discharged with payment of one year's pay; or those of more than ten years' and less

than twenty years' service be placed on the unlimited retired list with pay at the rate of 21⁄2 per centum of their active pay, multiplied by the number of complete years of such service; or those of more than twenty years' service be placed on the unlimited retired list with pay at the rate of 3 per centum of their active pay, multiplied by the number of complete years of such service, not exceeding 75 per centum of their active pay: Provided further, That in computing length of service for retirement and in computing longevity pay under the provision of this Act service on boats in the service of the Quartermaster Department, as well as service in the Regular Army, shall be counted: And provided further, That this Act shall not apply to any discharged warrant officer, Army Mine Planter Service, who has been reappointed a warrant officer, Army Mine Planter Service. Act of March 3, 1925 (43 Stat. 1101); 10 U. S. C. 977. For establishment of the Army Mine Planter Service, and number of warrant officers originally authorized, see 29, post.

15. Enlisted strength; maximum in time of peace.

* Except in time

of war or similar emergency when the public safety demands it, the number of enlisted men of the Regular Army shall not exceed two hundred and eighty thousand, including the Philippine Scouts. Sec. 2, act of June 3, 1916 (39 Stat. 166); sec. 2, act of June 4, 1920 (41 Stat. 759); 10 U. S. C. 602.

the number of *

enlisted men now authorized by law for the Regular Army is hereby authorized to be increased by six thousand two hundred and forty; Sec. 8, act of July 2, 1926 (44 Stat. 783); 10

U. S. C. 292b.

The enlistment of a corps of men as "general-service clerks" and "general-service messengers," not to be computed as part of the number to which the Army was limited, was authorized by act of July 29, 1886 (24 Stat. 167); but that act was repealed by act of Aug. 6, 1894 (28 Stat. 236).

Enlistments, in excess of the total strength authorized, of trained men for organizations serving out of the United States, were authorized by sec. 29, act of Feb. 2, 1901 (31 Stat. 756).

By a proviso of the act of Apr. 27, 1914, authorized enlisted strength is exclusive of soldiers under sentences which include confinement and dishonorable discharge.

During Washington's two terms as President the Regular Army varied in strength from 1,000 to 5,000 men. In 1798, in view of the prospect of a rupture with France, the enlistment of 10,000 men to serve for three years in a provisional army was authorized (1 Stat. 558), which was mustered out in 1800 as soon as the treaty with France was made. In 1811 the authorized force was 35,000. In 1820 a reduction to 6,000 men was voted. In 1838 the force was brought up to 12,500 on account of Indians on the frontier. For the Mexican War a regular force of 31,000 was authorized, but was not recruited to full strength. During the Civil War Congress authorized between 39,000 and 54,000 regulars. After 1866 the Regular Army was limited to 25,000 enlisted men.

An increase of the enlisted strength in time of war was authorized by act of Apr. 26, 1898 (30 Stat. 364), and a further temporary increase, to not exceeding 65,000 enlisted men, by sec. 12, act of Mar. 2, 1899 (30 Stat. 979). All these provisions were superseded by a provision of sec. 36, act of Feb. 2, 1901 (31 Stat. 757), that the total enlisted force of the line of the Army, together with the native force of Philippine Scouts, not exceeding 12,000, should not exceed at any one time 100,000, which said provision was superseded by a provision of sec. 2, act of June 3, 1916 (39 Stat. 166), that the total enlisted strength of the line of the Army, excluding the Philippine Scouts and the enlisted men of the Quartermaster Corps, Medical Department, and Signal Corps, and unassigned recruits, should not, in time of peace, exceed 175,000.

The Secretary of War was directed to cease recruiting until the number of enlisted men should not exceed 175,000, by joint resolution, which became law over the veto of the President on Feb. 5, 1921 (41 Stat. 1098).

*

Pay of en

15a. Enlisted strength; authorized by appropriations.-* listed men * *, together with such additional sums as may be necessary, not exceeding $20,000,000, to defray the cost of increasing the enlisted strength of the Regular Army from an average of one hundred and eighteen thousand seven hundred and fifty to an average of one hundred and sixty-five thousand

enlisted men, such additional sums to be available for the objects embraced by and in addition to other appropriations contained in this Act; Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 124).

*; pay of not less than an average of one hundred and sixty-five thousand enlisted men of the line and staff, not including the Philippine Scouts, $61,383,965, and, in addition, $2,344,211 of the appropriation "Pay of the Army, 1936," which sum shall remain available until June 30, 1937, for defraying the cost of increasing the enlisted strength of the Regular Army from an average of one hundred and forty-seven thousand to an average of one hundred and sixty-five thousand enlisted men, and the attainment of such one hundred and sixty-five thousand enlisted men shall be accomplished by recruiting at the rate of one thousand five hundred men per month in addition to recruits necessary to maintain one hundred and forty-seven thousand enlisted men; Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1282). * pay of an average of one hundred and sixty-five thousand enlisted men of the line and staff, not including the Philippine Scouts, Sec. 1, military appropriation act of July 1, 1937 (50 Stat. 446).

*

pay of an average of not to exceed one hundred and sixty-five thousand enlisted men of the line and staff, not including the Philippine Scouts, * Sec. 1, military appropriation act of June 11, 1938 (52 Stat. 645).

The enlisted strength of the Army, from year to year, has been governed by the provision of the current Army or War Department appropriation act. By the act of June 30, 1921 (42 Stat. 74), applications for discharge of enlisted men might be received until the number of the Army has been reduced to 150,000, not including Philippine Scouts. From the act of June 30, 1922, to that of Apr. 15, 1926, inclusive, the total number of enlisted men, not including the Philippine Scouts, was annually fixed at 125,000. Sce acts of June 30, 1922 (42 Stat. 724); Mar. 2, 1923 (42 Stat. 1384); June 7, 1924 (43 Stat. 481); Feb. 12. 1925 (43 Stat. 896); and April 15, 1926 (44 Stat. 257).

The appropriation acts for the fiscal years 1928 to 1935, inclusive, provided funds for an average enlisted strength of 118,750, but contained no specific limitation on the number.

16. Retired list; limited.- * * And the limited retired list shall hereafter consist of three hundred and fifty instead of four hundred, as now fixed by law: Provided, That officers who have been placed on the retired list by special authority of Congress shall not form part of the limited retired list established by this act. Act of Feb. 16, 1891 (26 Stat. 763); 10 U. S. C. 1021.

The first paragraph of the 1929 text, based on R. S. 1258; 10 U. S. C. 1021, is omitted as superseded by the above provision.

The limited retired list was established by sec. 16, of the act of Aug. 3, 1861 (12 Stat. 289), which provided that the number of officers retired in accordance with the authority conferred by the act should not, at any time, exceed 7 percent of the whole number of officers of the Army as fixed by law. This limitation was incorporated in R. S. 1258. By sec. 5. of the act of July 15, 1870 (16 Stat. 317), sec. 1258, R. S., the number of officers to be borne upon the retired list was to be determined by the President, in his discretion, but was not to exceed 300. By sec. 7, of the act of July 17, 1878 (20 Stat. 150), the number of retired officers was increased to 400. For statutes in relation to the retirement of officers found physically disqualified for promotion by boards of examination see 224a, 278, post.

17. Retired list; unlimited.-* and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for: * Sec. 1, act of June 30, 1882 (22 Stat. 118).

*

Provided, That nothing contained in the Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, approved June thirtieth, eighteen hundred and eightytwo, shall be so construed as to prevent, limit, or restrict retirements from active

service in the Army, as authorized by law in force at the date of the approval of said act, retirements under the provisions of said Act of June thirtieth, eighteen hundred and eighty-two, being in addition to those theretofore authorized by law: * ** Sec. 1, act of Mar. 3, 1883 (22 Stat. 457).

That when officers who have been placed on the limited retired list as established by section seven, chapter two hundred and sixty-three, page one hundred and fifty, volume twenty, United States Statutes at Large, shall have attained the age of sixty-four years they shall be transferred from said limited retired list to the unlimited list of officers retired by operation of law because of having attained said age of sixty-four years. * * Act of Feb. 16, 1891 (26 Stat. 763); 10 U. S. C. 1022.

And provided further, That hereafter officers retired for physical disability shall not form part of the limited retired list: * Act of Sept.

17, 1919 (41 Stat. 286); 10 U. S. C. 1021.

*. And provided further, That all officers retired under the provisions of this section shall be placed on the unlimited retired list. Sec. 5, Army promotion act of July 31, 1935 (49 Stat. 507); 10 U. S. C. 971b.

Retirements under the first paragraph, supra, are upon reaching age 64. See 323,

post.

Conditions of retirement according to statutes now in force may be summarized as follows: When an officer is 62 years old he "may be retired" at the discretion of the President; when 64 years old, he "shall be retired." See 323, post. An officer becoming incapable of performing the duties of his office "shall be either retired from active service or wholly retired," under 324, post. When an officer "has been 30 years in the service" or "has served 45 years as a commissioned officer" he may be retired, at the discretion of the President, under 326, post. By 224a, 278, post, provision is made for retirement of officers found disqualified for promotion, and by 225, post, for the retirement of officers of 10 years' or more commissioned or equivalent service placed in class B.

18. Infantry; composition and organization.-The Infantry shall consist of one Chief of Infantry with the rank of major general; four thousand two hundred officers in grades from colonel and second lieutenant, inclusive, and one hundred and ten thousand enlisted men, organized into such Infantry units as the President may direct. Hereafter all tank units shall form a part of the Infantry. Sec. 17, act of June 3, 1916 (39 Stat. 177); sec. 17, act of June 4, 1920 (41 Stat. 769); 10 U. S. C. 281.

For general provision as to appointment of chiefs of branches, see 120, post.

For provision under which the Chief of Infantry first received the rank, pay, and allowances of a major general, see sec. 3. act of Oct. 6, 1917 (40 Stat. 410).

The Infantry is designated as a combatant arm or of the line of the Army, by sec. 2 of said act of June 4, 1920, 6, ante.

Sec. 17, act of June 3, 1916, as originally enacted, provided in detail for the organization of regiments, battalions, and various kinds of companies of Infantry and superseded most of the provisions of sec. 10, act of Feb. 2, 1901 (31 Stat. 750), and a provision of sec. 4, act of Mar. 2, 1899 (30 Stat. 978), prescribing the composition of Infantry bands.

Tank units have succeeded the Tank Corps, first known as the Tank Service, which came into existence by reason of a letter of The Adjutant General of the Army written, by order of the Secretary of War, on Mar. 6, 1918, to the Director of Tank Service, as follows:

"Under authority conferred by sections 1, 2, and 3 of the act of Congress "To authorize the President to increase temporarily the Military Establishment of the United States,' approved May 18, 1917, the President directs that there be organized for the period of the existing emergency, the enlisted strength to be raised by voluntary enlistment or draft, a Tank Service to consist of:

"One brigadier general and 913 other officers.

"The officers for this service will be provided as authorized by the 3d paragraph of section 1 and by section 9 of the act approved May 18, 1917.

"The 12 light tank companies and 15 heavy tank companies, the 50 officers not above the rank of captain, and the 25 sergeants which have been heretofore authorized as an Increase in the Engineer Corps, National Army, will be transferred to the Tank Service."

Sec. 7-b, G. O. 80, W. D. 1918, directs that the Director of the Tank Corps will operate under the direct supervision of the Chief of Staff, in so far as pertains to purely military matters, and is responsible for the efficiency and preparedness for service of personnel and matériel. The office of the director was merged into that of the Chief of Tank Corps on Aug. 15, 1919. The Tank Corps was continued to June 30, 1920, by act of July 11, 1919 (41 Stat. 129). No provision for continuing the Tank Corps as such after June 30, 1920, was made in subsequent legislation.

By 149, post, officers of all grades in the Infantry are to be commissioned in that branch.

The strength of this branch was fixed at 70 percent of the above number, but with power in the President to increase or diminish the number of officers assigned to the branch by not more than 30 percent, by 134, post.

The authorized commissioned strength of this branch is computed as 4,045 under act of April 13, 1938, 7, ante, subject to increase or decrease of 30 percent as provided in 134, post. (House Report No. 1856, 75th Congress, 3d Session.)

19. Infantry; colored regiments. The enlisted men of two regiments of Infantry shall be colored men. R. S. 1108; 10 U. S. C. 282.

20. Infantry; Porto Rico Regiment.-The Porto Rico Regiment of Infantry and the officers and enlisted men of such regiment shall become a part of the Infantry branch herein provided for, and its officers shall, on July 1, 1920, be recommissioned in the Infantry with their present grades and dates of rank, unless promoted on that date in accordance with the provisions of section 24 hereof. Sec. 21, act of June 3, 1916 (39 Stat. 180); sec. 21, act of June 4, 1920 (41 Stat. 770); 10 U. S. C. 283.

By sec. 37, act of Feb. 2, 1901 (31 Stat. 758), the President was authorized to organize the Porto Rico Provisional Regiment of Infantry, which organization was modified by the Army appropriation act of Apr. 23, 1904 (33 Stat. 266). The name was changed to the Porto Rico Regiment of Infantry of the United States Army by sec. 1, act of May 27, 1908 (35 Stat. 392).

By sec. 21, act of June 3, 1916, the Porto Rico Regiment of Infantry was to have the same organization and the same grades and numbers of commissioned officers and enlisted men as prescribed for other regiments of Infantry of the Army.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 64) that this section, based on section 21, act of June 3, 1916 (39 Stat. 180), as amended by section 21, act of June 4, 1920 (41 Stat. 770), 10 U. S. C. 283, be eliminated from the Code as fully executed. It is retained in the Military Laws as of historic interest.

21. Cavalry; composition and organization.-The Cavalry shall consist of one Chief of Cavalry with the rank of major general, nine hundred and fifty officers in grades from colonel to second lieutenant, inclusive, and twenty thousand enlisted men, organized into Cavalry units as the President may direct. Sec. 18, act of June 3, 1916 (39 Stat. 178); sec. 18, act of June 4, 1920 (41 Stat. 770); 10 U. S. C. 251.

For general provision as to appointment of chiefs of branches, see 120, post.

For provision under which the Chief of Cavalry first received the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 6, 1917 (40 Stat. 410).

The Cavalry is designated as a combatant arm or of the line of the Army, by sec. 2 of said act of June 4, 1920, ante, 6.

Sec. 18, act of June 3, 1916, as originally enacted, provided in detail for the organization of regiments, squadrons, and various kinds of troops of Cavalry.

Ten regiments of cavalry were authorized by R. S. 1094, and subsequent statutes, 15 regiments by sec. 1, act of Feb. 2, 1901 (31 Stat. 748), and 25 regiments by sec. 1, act of June 3, 1916 (39 Stat. 166). The composition of each regiment and troop was prescribed by R. S. 1102, 1103, and amendments thereof; a temporary increase of strength was authorized by provisions of act of July 24, 1876 (19 Stat. 98), and several later statutes, among them a provision for increase in time of war, by sec. 3, act of Apr. 26, 1898 (30 Stat. 364); and the composition of each regiment and troop, and the organization of troops into squadrons, were prescribed by sec. 2, act of Mar. 2, 1899 (30 Stat. 977). These provisions were superseded by sec. 2, act of Feb. 2, 1901 (31 Stat. 748), except the clause of the section last mentioned relating to the organization of Cavalry bands, and the further clauses relating to veterinarians.