2118. Composition of the Regular Army.-The Regular Army of the United States shall consist of the Infantry, the Cavalry, the Field Artillery, the Coast Artillery Corps, the Air Service, the Corps of Engineers, the Signal Corps, which shall be designated as the combatant arms or the line of the Army; the General Staff Corps; the Adjutant General's Department; the Inspector General's Department; the Judge Advocate General's Department; the Quartermaster Corps; the Finance Department; the Medical Department; the Ordnance Department; the Chemical Warfare Service; the officers of the Bureau of Insular Affairs; the officers and enlisted men under the jurisdiction of the Militia Bureau; the chaplains; the professors and cadets of the United States Military Academy; the present military storekeeper; detached officers; detached enlisted men; unassigned recruits; the Indian Scouts; the officers and enlisted men of the retired list; and such other officers and enlisted men as are now or may hereafter be provided for. Sec. 2, act of June 3, 1916 (39 Stat. 166), as amended by scc. 2, act of June 4, 1920 (41 Stat. 759).

*

*

The section amended and sec. 1, act of Feb. 2, 1901 (31 Stat. 748), each prescribed the composition of the Army.

For the present and former authorized enlisted strength of the Army, see 2179, post. 2119. Proportionate strength of a branch.-Officers and enlisted men shall be assigned to the several branches of the Army as hereafter directed, a suitable proportion of each grade in each branch, but the President may increase or diminish the number of officers or enlisted men assigned to any branch by not more than a total of 15 per centum: Provided, That the total number authorized in any grade by this Act is not exceeded: Provided further, That the number of enlisted men herein authorized for any branch shall include such number of Philippine Scouts as may be organized in that branch: Provided further, That no officer shall be transferred from one branch of the service to another under the provisions of this section without his own consent.

Sec. 4c, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762).

A plan for increase of the Regular Army in five annual increments, each arm, corps, and department to receive annually one-fifth of the total increase authorized for it, etc., provided for by sec 24, act of June 3, 1916 (39 Stat. 182), was not completed by reason of the enactment of this superseding legislation.

2120. Increase of the Regular Army during the World War.-That in view of the existing emergency, which demands the raising of troops in addition to those now available, the President be, and he is hereby, authorized—

First. Immediately to raise, organize, officer, and equip all or such number of increments of the Regular Army provided by the national defense Act approved June third, nineteen hundred and sixteen, or such parts thereof as he may deem necessary; to raise all organizations of the Regular Army, including those added by such increments, to the maximum enlisted strength authorized by law.

Third. * * *

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Provided further, That the number of organizations in a regiment shall not be increased nor shall the number of regiments be decreased: * * Sec. 1, act of May 18, 1917 (40 Stat. 76-77). The above is emergency legislation and no longer operative.

* **

2121. Machine-gun companies.— * Provided further, That the President in his discretion may organize, officer, and equip for each Infantry and Cavalry brigade three machine-gun companies, and for each Infantry and Cavalry division four machine-gun companies, all in addition to the machine-gun

companies comprised in organizations included in such brigades and divisions: Par. 3, sec. 1, act of May 18, 1917 (40 Stat. 77).

The above is emergency legislation and no longer operative.

The composition of a machine-gun company of Infantry and a machine-gun troop of Cavalry was provided for by secs. 17 and 18, respectively, of the act of June 3, 1916, repealed by the correspondingly numbered sections of the act of June 4, 1920 (41 Stat. 769-770).

*

2122. Armored motor-car companies.Provided further, That the President in his discretion may organize for each division one armored motorcar machine-gun company. The machine-gun companies organized under this section shall consist of such commissioned and enlisted personnel and be equipped in such manner as the President may prescribe: Par. 3, sec.

1, act of May 18, 1917 (49 Stat. 77).

The above is emergency legislation and no longer operative.

*

2123. Military headquarters.— * * Provided, That when the economy of the service requires, the Secretary of War shall direct the establishment of military headquarters at points where suitable buildings are owned by the government. Sec. 8, act of June 23, 1879 (21 Stat. 35).

This proviso, from the Army appropriation act for the fiscal year 1880, repealed sec. 6, act of June 18, 1878 (20 Stat. 150), requiring that in time of peace military headquarters should be in buildings or barracks owned by the Government unless the Secretary of War should order otherwise.

2124. Composition of the Infantry.-The Infantry shall consist of one Chief of Infantry with the rank of major general; four thousand two hundred officers in grades from colonel to 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), as amended by sec. 17, act of June 4, 1920 (41 Stat. 769).

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, ante, 2118.

Sec. 17, act of Jane 3, 1916, as originally enacted, provided in detail for the organi zation 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: "

1 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.

An appropriation for tanks and other armored motor vehicles to remain available until the end of the fiscal year 1922 was made by act of June 5, 1920 (41 Stat. 972)

2125. Infantry band organization at recruiting depots.- * Provided, That hereafter one of the companies at each recruiting depot shall have the organization of an infantry band, to which recruits showing an aptitude for music may be attached for examination and instruction before assignment to organizations in the Army. Act of Mar. 3, 1901 (35 Stat. 745), making appropriations for the support of the Army: Transportation.

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*

Previous provisions for detachments at recruit depots, and for musicians, etc., thereat, were made by act of June 12, 1906, and act of Mar. 2, 1907, post, 2140.

The existing laws pertaining to or affecting recruiting parties, recruit depots, and unassigned recruits are to continue and remain in force, except as specifically provided otherwise by sec. 22, the national defense act, 2995, post.

2126. Bands of Infantry during the World War.-That the Secretary of War is authorized to organize for use during the present emergency twenty bands additional to those now authorized for the Army to be organized as are bands of Infantry. Act of July 9, 1918 (40 Stat. 852).

The above is emergency legislation and no longer operative.

2127. Colored regiments.-The enlisted men of two regiments of infantry shall be colored men. R. S. 1108.

Notes of Decisions.

Enlistment of white men.-The enlistment of white men in colored regiments is pro

hibited by implication by this section and 2131, post. (1881) 17 Op. Atty. Gen. 47.

2128. Porto Rico Regiment of Infantry.-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), as amended by sec. 21, act of June 4, 1920 (41 Stat. 770).

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.

2129. Composition of the Cavalry.-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), as amended by sec. 18, act of June 4, 1920 (41 Stat. 770).

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, 2118.

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. sec. 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. sees. 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.

Said sec. 2 and a provision of sec. 2, act of Mar. 2, 1899, were superseded by sec. 18, act of June 3, 1916, as originally enacted.

Further provisions relating to veterinarians for Cavalry and Artillery regiments were contained in see. 20, act of Feb. 2, 1901 (31 Stat. 753).

Further provisions relating to the "two farriers and blacksmiths," included in sec. 2, act of Feb. 2, 1901, in each troop of Cavalry, were made by a provision of act of Mar. 23, 1910 (36 Stat. 245).

2130. Dismounted Cavalry.-Any portion of the cavalry force may be armed and drilled as infantry, or dismounted cavalry, at the discretion of the President. R. S. 1105.

2131. Organization of Cavalry into Field Artillery or Infantry. That during the present emergency the President be, and he is hereby, authorized to organize provisionally as Field Artillery or Infantry and to use as Field Artillery or Infantry during the existing emergency such regiments of Cavalry as he may designate: Provided, That immediately after the termination of the existing emergency such regiments shall be reorganized as Cavalry regiments in accordance with the prescribed organization of such regiments. Act of Oct. 6, 1917 (40 Stat. 398).

The above is emergency legislation and no longer operative.

2132. Colored regiments of Cavalry.-The enlisted men of two regiments of cavalry shall be colored men. R. S. 1104.

Notes of Decisions.

Enlistment of white men.-The enlistment of white men in colored regiments is pro

hibited by implication by this section and 2127, ante. (1881) 17 Op. Atty. Gen. 47.

2133. Artillery divided into Field Artillery and Coast Artillery.-That the artillery of the United States Army shall consist of the Chief of Artillery, the coast artillery, and the field artillery. The coast artillery and the field artillery shall be organized as hereinafter specified, and the artillery shall belong to the line of the Army: Provided, That on and after July first, nineteen hundred and eight, the Chief of Artillery shall cease to exercise supervision over the field artillery and shall thereafter be designated as the Chief of Coast Artillery. Sec. 1, act of Jan. 25, 1907 (34 Stat. 861).

This act superseded the provisions of secs. 3-9, act of Feb. 2, 1901 (31 Stat. 748, 749), which constituted the Artillery arm of the Army the Artillery Corps, comprising two branches, the Coast Artillery and the Field Artillery, and prescribed the composition of the Artillery Corps and of each company of Coast Artillery and each battery of Field Artillery.

The office of Chief of Artillery was created by sec. 6, act of Feb. 2, 1901 (31 Stat. 749), which provided that the Chief of Artillery should be selected and detailed by the President from the colonels of Artillery, to serve on the staff of the general officer commanding the Army, his duties to be prescribed by the Secretary of War. Said provisions were superseded by those of this section.

By sec. 5, act of Feb. 14, 1903 (32 Stat. 831), it was provided that the Chief of Artillery should serve as an additional member of the General Staff, with the rank, pay, and allowances of a brigadier general, and by sec. 5, act of June 3, 1916 (39 Stat. 168), stricken out by sec. 5, act of June 4, 1920, it was provided that the Chief of Coast Artillery should serve as an additional member of the General Staff Corps and should be advisor to and informant of the Chief of Staff in respect to the business under his charge.

But see 2135 and 2137, post.

2134. Definition of Field Artillery.-That the field artillery is the artillery which accompanies an army in the field, and includes light artillery, horse artillery, siege artillery, and mountain artillery. Sec. 4, act of Jan. 25, 1907 (34 Stat. 861).

2135. Composition of the Field Artillery.--The Field Artillery shall consist of one Chief of Field Artillery with the rank of major general, one thousand nine hundred officers in grades from colonel to second lieutenant, inclusive, and thirty-seven thousand enlisted men, organized into Field Artillery units as the President may direct. Sec. 19, act of June 3, 1916 (39 Stat. 179), as amended by sec. 19, act of June 4, 1920 (41 Stat. 770).

The office of Chief of Field Artillery was established by par. 1, General Orders, No. 15, War Department, Feb. 10. 1918, which simply detailed a general officer as Chief of Field Artillery (apparently under the power given the President by a previso in sec. 1. act of May 18, 1917 (40 Stat. 76), "to prescribe such new and different organizations and personnel for Army corps as the efficiency of the service may

require "). The first statutory recognition of this office is found in sec. 19, act of June 4, 1920. For the general provision under which the head of a corps was entitled to the rank, pay, and allowances of a major general, see sec. 3, act of October 6, 1917, post, 2342.

The Field Artillery is designated as a combatant arm or of the line of the Army, by sec. 2 of said act of June 4, 1920, ante, 2118.

Sec. 19, act of June 3, 1916, as originally enacted, provided in detail for the organization of regiments, battalions, batteries and companies of Field Artillery. Said sec. 19 superseded secs. 7 and 8, act of Jan. 25, 1907 (34 Stat. 862), and part of a proviso annexed to the Army appropriation act of Mar. 23, 1910 (36 Stat. 245).

Other provisions relating to the Field Artillery Corps, superseded by sec. 19, mentioned above, and prior laws, were contained in sec. 4, act of Apr. 26, 1898 (30 Stat. 365), sec. 2, act of Mar. 2, 1899 (30 Stat. 977), and sec. 20, act of Feb. 2, 1901 (31 Stat. 753).

For division of the Artillery into Coast Artillery and Field Artillery, see 2133, ante. 2136. Definition of the Coast Artillery.-That the coast artillery is the artillery charged with the care and use of the fixed and movable elements of land and coast fortifications, including the submarine mine and torpedo defenses. Sec. 3, act of Jan. 25, 1907 (34 Stat. 861).

2137. Composition of the Coast Artillery Corps.-The Coast Artillery Corps shall consist of one Chief of Coast Artillery with rank of major general, one thousand two hundred officers in grades from colonel to second lieutenant, inclusive, the warrant officers of the Army Mine Planter Service as now authorized by law, and thirty thousand enlisted men, organized into such Coast Artillery units as the President may direct. Sec. 20, act of June 3, 1916 (39 Stat. 180), as amended by sec. 20, act of June 4, 1920 (41 Stat. 770). Provided, That nothing contained in this Act or any other Act shall be construed as precluding the detail upon duties of a technical or military nature of not to exceed eight warrant officers, or enlisted men of the Coast Artillery Corps, in the Office of the Chief of Coast Artillery. Act of Mar. 3, 1921 (41 Stat. 1279), making appropriations for legislative, cxecutive, and judicial expenses: Office of Chief of Coast Artillery.