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5, 1920 (41 Stat. 951), making appropriations for the support of the Army: Completion and preservation of the selective service records.

By the act of July 9, 1918 (40 Stat. 851), a fund of $15,751,000 was appropriated "for all expenses necessary in the registration of persons available for military service and in the selection of certain such persons and their draft into the military service," of which $3,500,000 was reappropriated by the act of July 11, 1919 (41 Stat. 109), as set forth above.

CHAPTER 36.

COMMISSIONED OFFICERS.

Appointment:

Citizens only in time of peace, 2258.
Execution of commissions, 2259.
Commissioned to a branch, 2260.
Number of officers, 2261.
Additional officers, 2262.
Proportionate to enlistments, 2263.
Temporary commissions-

In time of war, 2264.
During the World War, 2265.
Prior to Dec. 31, 1920, 2266.

Retention of emergency officers, 2267.
Provisional, 2268.
Second lieutenants :

Order of appointment, 2269.
Graduated cadets, 2270.
One additional officer to each company,

2271.
Enlisted men and volunteers eligible, 2272.

Examining boards, 2273.
Examination of candidates, 2274.
Vacation of certificate of eligibility,

2275.
Age limit disregarded during World War,

2276. Emergency officers commissioned in Regular

Army, 2277. Assignment:

To regiments, 2278.
Proinotion :

Basis, 2279.
Classification of officers, 2280.

Class B officers, 2281.
Promotion list, 2282.
Examination-

Before promotion, 2283.
Subsequent to promotion, 2284.

Examining boards, 2285.
Reexamination following increase of mili-

tary strength, 2286.
Retarded officers, 2287.
Vacancies due to details to staff duty, 2288.
Officers detailed with Isthmian Canal

Commission, 2290.
Vacancies due to retirement, 2291.
Vacancies due to separation of Field

Artillery and Coast Artillery, 2292.

Promotion--Continued.
Temporary vacancies in time of war-

National Guard units combined, 2293.
During the World War, 2294.
Due to details to volunteer forces,

2295.
Due to details to Signal Corps, 2296.
Officers of Marine Corps on detached

duty, 2297. l'pon retirement of veterans of Civil

War, 2298.
Retired officers, 2299.
Lineal rank:

In same grade, 2300.
All commissioned service counted, 2301.

In Marine Corps, 2302.
Constructive date of original commission,

2303. Staff detail, 2304. General officers who served with Isth.

mian Canal Commission, 2305. Rank and command : Relative rankBetween Army and Navy, 2306. Brigadier generals and rear admi.

rals, 2307. Engineers of Coast and Geodetic Sur

vey, 2308.
In same grade, 2309.
Between Regular Army and other

forces, 2310.
Limitation on advanced rank, 2311.

Transfer without loss of rank, 2312.
Brevet rank-
Conferred in time of war, 2313.

For service against Indians, 2314.
Date of commission, 2315.
Uniform, 2316.
Title, 2317.

Honorary, 2318.
Command-
Brevet officers, 2319.

During hostilities, 2320.

Medical officers, 2321.
General officers :

Designated as of line or staff, 2322.
Number of the line, 2323.
Appointment, 2324.
Temporary appointments during World

War, 2325.

General officers--Continued.

Chiefs of branches and assistants, 2326.
Lieutenant general, 2327.
General of the Armies of the United

States, 2328.
Aides to general officers :

General, 2329.
Lieutenant general, 2330.
Major generals and brigadier generals,

2331.
General Staf Corps, 2332,
Ileadquarters staffs:

Cavalry, 2333.

Infantry, 2334,
Staff corps :
Vacancies--

Assignment of officers, 2335.
Filie il by details from lipe, 2336.
Term of detail, 2337.

Terminated by retirement, 2338.
Successive details, 2339.
Chief of a corps

Selection from officers detailed, 2340.
Appointment from Army at large, 2341.
Rank, 2342.

Major generals of the line, 2343.
Chief of Coast Artillery, 2344.

Rank, 2345.

Acting chief of bureau, 2346.
Detached officers' list :

Unassigned officers, 2347.
During the World War, 2348.
Duty with troops alternated, 2349.

Headquarters staff officers, 2350.

Field officers, 2351.
Details :
Restrictions suspended during World

War, 2332.
Restrictions repealed, 2353.
To the School of Fire for Field Artillery,

2354.
As students and observers, 2355.
To Aviation Section, Signal Corps, 2356.
In Philippine Islands and Canal Zone,

2357.
Chief of Pbilippine Constabulary, 2358.
In Cuba and Panama, 2359.
Military attachés, 2360.
To the National Guard-

Concurrent commissions, 2301.
Inspectors and instructors, 2362.
Chief of staff of divisions, 2363.
Adjutavt general of the militia of the

District of Columbia, 2364.
Instructors in vocational training, 2365.
Military instructors---

At schools and colleges, 2366.
For Reserve Officers' Training Corps,

2367.
At rifle ranges, 2368.
Director Civilian Marksmanship,

2369. In connection with Indian education,

2370.

Details-Continued.
Indian agents-

Authorized, 2371.

Issues to Indians certified, 2372.
Civil office not to be held, 2373.
Diplomatic or cousular oflice, 2374.
Disabled retired officers, 2375.
Civil employment restricted, 2376.
Chaplains :

Appointment, 2377.
Designation, 2378.
Chaplains at large, 2379.
Religieus status, 2380.
Examinations, 2381.
Military status, 2382.
Rank and promotion, 2383.
Transfer, 2384.
Chief of chaplains, 2385.
Religious services, 2386.
Tea hers, 2387.
Facilities, 2398,

Reports, 2389.
Philippine Scouts :
Selection of officers, 2390.

Filipinos eligible, 2391,
Captains, 2392.
Concurrent commissions, 2393.

Computation of service, 2394.
Porto Rico Regiment of Infantry :
Officers of Porto Rico Provisional Regl-

ment of Infantry recommissioned,

2395.
Permanent captains, 2396.
Retiring boards:

Composition, 2397.
Oath, 2398.
Powers, 2399.
Findings, 2400.

Revision, 2401.
Retired officers :
Unlimited retired list-

Established, 2402.
Compulsory retirement at 64 or after

40 years of service, 2403.
Retired upon own application, 2405.
Class B officers, 2106.
Incapacitated officers, 2407.

Not on limited list, 2408.
Disability incident to service, 2409.
Provisional officers, 2410.
Disability not incident to service,

2411.
Transfer from limited list, 2412.
Limited retired list-
Maximum number, 2413.
At 62 or after 45 years of service,

2414,
Ilearing preceding retirement, 2415,
General officers, 2410.
Veterinarians, 2417.
Otcers who served with Isthmian Canal

Commission, 2418.
Promotion of officers of Volunteers of

Civil War, 2419.

or

Retired officers, Continued.

Retired officers-Continued. Status, 2420.

Details Continued. Rights and liabilities, 2421.

Assignment to active duty-Contd. Rank

Acting quartermaster, 2437.
Actual rank held when retired, 2422.

Engineer officers, 2438.
Disabled in action, 2423.

Status, 2439.
Head of staff corps, 2424.

Transfer to active listChief of branch, 2425.

Authorized, 2440. Details

Disabled officers upon recovery, 2441. To schools, 2426.

Officers who served with Isthmian President or professor of college, 2427.

Canal Commission, 2442.
Upon own application, 2428.

Employment on river and harbor works, To Soldiers' Home, 2429.

2413. To recruit volunteers, 2430.

Road commissioners for Alaska, 2444.
Assignment to active duty-
Authorized, 2431.

Dismissal :
Class B officers, 2432.

National defense act not to effect, 2445.
Adjutant General of the District of Absence without leave, 2446.
Columbia Militia, 2433.

Trial demanded, 2447.
With organi militi 2434.

Restoration, 2448.
Post commander, 2435.

Discharge from temporary appointments,
Artillery officers, 2436.

2419. 2258. Officers to be citizens of the United States.-That no part of the appropriations made in this Act shall be available for the salary or pay of any person hereafter, in time of peace, appointed an officer in the Army who is not a citizen of the United States. Act of Aug. 29, 1916 (39 Siat. 649).

2259. Execution of commissions.- That hereafter the commissions of all officers under the direction and control of the Seeretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of Agriculture shall be made out and recorded in the respective Departments under which they are to serve, and the Department seal aflixed thereto, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. Act of Mar. 28, 1896 (29 Stat. 75).

Similar previous provisions, as to making out and recording, etc., in the Treasury Department, commissions of all officers employed in levying or collecting the public revenue, of R. S. 238, were superseded by this act.

Notes of Decisions. Form of commission issued by head of a issue commissions to the naval officers department.-A commission issued pursu- serving as military governors of the islands ant to the foregoing act should show upon of Guam and Tutuila. (1904) 25 Op. Atty. its face that it is the commission of the Gen, 292. President, but his actual signature is not A commission, whatever its form, is but necessary. The document should declare evidence of the fact that the President has tbe act to be that of the President, per- exercised his constitutional power of apformed by the head of the Navy Depart- pointment; there is no provision of law meut as his representative. (1898) 22 Op. requiring a specified form of commission Atty. Gen. 82.

to be issued to officers in the military Power of department head to issue com. service. O'Shea v. U. S., 28 Ct. Cls. 392. mission.—The Secretary of the Navy may 2260. Officers permanently commissioned in a branch.

and hereafter all appointments in the line of the Army shall be by commission in an arm of the service and not by commission in any particular regiment. Sec. 2, act of Oct. 1, 1890 (26 Stat. 562).

Officers of all grades in the Infantry, Cavalry, Field Artillery, Coast Artil. lery Corps, Corps of Engineers, and Medical Department; officers above the grade of captain in the Signal Corps, Judge Advocate General's Department, Quartermaster Corps, Ordnance Department and Chemical Warfare Service, all chaplains and professors, and the military storekeeper shall be permanently commissioned in their respective branches.

Other officers may be either detailed, or with their own consent, be permanently commissioned, in the branches to which they are assigned for duty. Sec. 4, act of June 3, 1916 (39 Stat. 167), as amended by sec. h, act of June 4, 1920 (41 Stat. 760–761).

Notes of Decisions.

Appointment must be accepted.-An ap. pointment or commission, in order to take effect at all, must be accepted; but when accepted, it takes effect as of and from its date, i. e., the date on which it is completed by the signature of the appointing power, or that as and from which it purports in terms to be operative. See Marbury v. Madison, 1 Cranch 137; U. S. v. Bradley, 10 Pet. 304; U. S. v. Le Baron, 19 How. 78; Montgomery v. U. S., 5 Ct. Cls. 97.

Power to fill vacancy during recess of Senate.-The power of the President to fill a vacancy in the Army during a recess of

the Senate may be exercised by a letter from the Secretary of War, and such a letter may constitute his commission, there being no law which prescribes the form of a military commission. O'Shea t. U. S., 28 Ct. Cls. 392.

Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice and con. sent of the Senate. Collins v. U. S., 14 Ct. Cls. 22.

An officer of the Army or Navy of the United States does not hold his office by contract, but at the will of the soverelgn power. Crenshaw v. U. S., 134 U. S. 98.

*

2261. Number of officers.

On and after July 1, 1920, there shall be * * * five hundred and ninety-nine colonels; six hundred and seventyfour lieutenant colonels; two thousand two hundred and forty-five majors; four thousand four hundred and ninety captains, four thousand two hundred and sixty-six first lieutenants; two thousand six hundred and ninety-four second lieutenants; and also the number of officers of the Medical Department and chaplains, hereinafter provided for, professors as now authorized by law, and the present military storekeeper, who shall hereafter have the rank, pay and allowances of major; and the numbers herein prescribed shall not be exceeded:

Sec. 4, act of June 3, 1916 (39 Stat. 167), as amended by scc, 4, act of June 4, 1920 (41 Stat. 760). 2262. Additional officers.-

Officers now carried as additional num. bers shall be included in the numbers provided for by this Act, and, after June 30, 1920, shall no longer be additional, and any officer hereafter appointed, under the provisions of law, to a grade in which no vacancy exists, shall be an additional number in that grade until absorbed, and no longer.

Sec. 127a, added to the act of June 3, 1916 by sec, 51, act of June 1, 1920 (41 Stat. 785). 2263. Commissions proportioned to enlistments.-

Provided, That no part of this appropriation shall be paid to any officer of the line of the Army who shall be appointed or promoted in violation of any of the terms next hereinafter specified: That of the whole number of officers of Cavalry, Field Artillery, Coast Artillery Corps, Infantry, and of Engineers serving with the enlisted force of the Corps of Engineers necessary to fill vacancies created or caused in said arms of the service by reason of the second increment, authorized in said arms by Act of Congress approved June third, nineteen hundred and sixteen, not more than one-fourth shall be appointed or promoted until, exclusive of enlisted men belonging to said arms on June thirtieth, nineteen hundred and sixteen, at least one-fourth of the second increment of enlisted men authorized for said arms by said Act shall have been enlisted; not more than one-half of said whole number of officers shall be appointed or promoted until at least onehalf of said increment of enlisted men shall have been enlisted; and not more

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