Chapter 191. For the better organization of the line of the Army of the United States
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CHAP. 191.— An Act For the better organization of the line of the Army of the United States. April 26, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Army.Reorganization of the line.Peace organization infantry regiments.[R. S., sec. 1106, p. 204](/us/rs/s1106/p204), amended. That hereafter the peace organization of each regiment of infantry now in service shall embrace one colonel, one lieutenant-colonel, two majors, ten captains, twelve first lieutenants, ten second lieutenants, one sergeant-major, one quartermaster-sergeant, one chief musician, two principal musicians, two battalions of four companies each, and two skeleton or unmanned companies;[R.
S., sec. 1107, p. 204](/us/rs/s1107/p204). the organized companies to be constituted as now authorized *Provisos.*Chaplains colored regiments.[R. S., sec. 1121, p. 205](/us/rs/s1121/p205).Vacancies in grade of major, how filled.by law: *Provided,* That nothing herein contained shall be construed as abolishing the office of chaplain in each regiment of colored troops: *And provided further,* That the vacancies in the grade of major created by this section shall be filled by promotion according to seniority in the infantry arm.
Sec. 2. War organization, addition of third battalion. That upon a declaration of war by Congress, or a declaration by Congress that war exists the President, in his discretion, may establish a third battalion for each infantry regiment, consisting of four companies, to be supplied by manning the two skeleton companies and by Vacancies of commissioned officers.organizing two additional companies. The vacancies of commissioned officers in the additional companies shall be filled by promotions by seniority in the infantry arm, and by appointments in accordance with existing law; and hereafter all vacancies occurring in the cavalry, —above second lieutenant.artillery, and infantry above the grade of second lieutenant shall, subject to the examination now required by law, be filled by promotion according to seniority from the next lower grade in each arm.
Sec. 3. That upon a declaration of war by Congress, or a declaration of Congress that war exists, the enlisted strength of a company, troop, and battery, respectively, may, in the discretion of the President, be increased to comprise not exceeding: War organization of companies of infantry.For each company of infantry: One first sergeant, one quartermaster-sergeant, four sergeants, twelve corporals, two musicians, one artificer, FIFTY-FIFTH CONGRESS. Sess. II. Ch. 191. 1898. 365 one wagoner, and eighty-four privates; total enlisted, one hundred and six: *Provided,* That in the event of a call by the President for either*Provisos*State, etc., troops. volunteers or the militia of the country the President is authorized to accept the quotas of troops of the various States and Territories, including the District of Columbia and Indian Territory, as organized under the laws of the States and Territories, including the District of Columbia, in companies, troops, and batteries, each to contain so far as practicable the number of enlisted men authorized in this Act for each arm of the service, and battalions of not less than three such companies and regiments of not less than ten nor more than twelve such companies.
But this proviso shall apply to companies, troops, batteries, battalions, and regimental organizations and none other: *Provided further,*Volunteer service. That in volunteer organizations received into the service under this—hospital stewards. Act and existing laws, one hospital steward shall be authorized for each battalion. For each troop of cavalry: One first sergeant, one quartermaster-sergeant,—troop of cavalry. six sergeants, eight corporals, two farriers and blacksmiths, two trumpeters, one saddler, one wagoner, seventy-eight privates; total enlisted, one hundred.
For each battery of heavy artillery: One first sergeant, twenty-two—battery of heavy artillery. sergeants, ten corporals, two musicians, two artificers, one wagoner, one hundred and sixty-two privates; total enlisted, two hundred. For each battery of field artillery: One first sergeant, one quartermaster-sergeant,—field artillery. one veterinary sergeant, six sergeants, fifteen corporals, two farriers, two artificers, one saddler, two musicians, one wagoner, one hundred and forty-one privates; total enlisted, one hundred and seventy-three.
For each company of engineers: One first sergeant, ten sergeants,—company of engineers. ten corporals, two musicians, sixty-four first-class privates, sixty-three second-class privates; total enlisted, one hundred and fifty. In time—Signal Corps. of war there shall be added to the Signal Corps of the Army ten corporals, one hundred first-class privates, and forty second-class privates, who shall have the pay and allowances of engineer troops of the same[R. S., sec. 1280, p. 222](/us/rs/s1280/p222). grade.
The quartermaster and veterinary sergeants provided for in this sectionPay, etc., quartermaster and veterinary sergeants. [R. S., sec. 1280, p. 222](/us/rs/s1280/p222). shall have the pay and allowances of sergeants of their respective arms. Sec. 4. That when recruited to their war strength the President maySecond lieutenant, artillery battery. add one second lieutenant to each battery of artillery; such offices to be filled by appointments, as prescribed by existing law. Sec. 5.
That in time of war the President shall cause the batteriesOrganization of batteries as heavy or field, etc. of artillery authorized by law to be organized as heavy or field artillery, as in his judgment the exigencies of the service may require. Sec. 6. That in time of war the pay proper of enlisted men shall bePay of enlisted men during war.[R. S., secs. 1280, etc., p. 222](/us/rs/s1280/p222).*Provisos.*No extra-duty pay.[R. S., sec. 1287, p. 223](/us/rs/s1287/p223), vol. 23, p. 359.Penalties for desertion. increased twenty per centum over and above the rates of pay as fixed bylaw: *Provided,* That in wartime no additional increased compensation shall be allowed to soldiers performing what is known as extra or special duty: *Provided further,* That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired.
Sec. 7. That in time of war every officer serving with troops operatingPay of officer holding command higher than his grade, etc. against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade, shall be entitled to receive the pay and allowances of the grade appropriate to the command, so exercised: *Provided,* That a rate*Provisos.*—limit. of pay exceeding that of a brigadier-general shall not be paid in any case by reason of such assignment: *Provided further,* That at the endReduction of Army to peace basis. of any war in which the United States may become involved the Army shall be reduced to a peace basis by the transfer in the same arm of the service or absorption by promotion or honorable discharge under such regulations as the Secretary of War may establish of supernumerary commissioned officers and the honorable discharge or transfer of super- 366 FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 191, 226, 227. 1898. Permanent increase of Army not authorized.*Ante*, p. 261.—except.numerary enlisted men; and nothing contained in this Act shall be construed as authorizing a permanent increase of the commissioned or enlisted force of the Regular Army beyond that now provided by the law in force prior to the passage of this Act, except as to the increase of twenty-five majors provided for in section one hereof. Approved, April 26, 1898.