Chapter 192. To increase the efficiency of the permanent military establishment of the United States
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CHAP. 192.— An Act To increase the efficiency of the permanent military establishment of the United States. February 2, 1901. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Army.Reorganization of.[R. S., sec. 1091, p. 202, amended](/us/rs/s1091/p202).Composition. That from and after the approval of this Act the Army of the United States, including the existing organizations, shall consist of fifteen regiments of cavalry, a corps of artillery, thirty regiments of infantry, one Lieutenant-General, six major-generals, fifteen brigadier-generals, an Adjutant-General’s Department, an Inspector-General’s Department, a Judge-Advocate-General’s Department, a Quartermaster's Department, a Subsistence Department, a Medical Department, a Pay Department, a Corps of Engineers, an Ordnance Department, a Signal Corps, the officers of the Record and Pension Office, the chaplains, the officers and enlisted men of the Army on the retired list, the professors, corps of cadets, the army detachments and band at the United States Military Academy, Indian scouts as now authorized by law, and such other officers and enlisted men as may hereinafter be provided for: *Proviso.*Termination of office of storekeeper, etc.*Provided*, That when a vacancy shall occur through death, retirement, or other, separation from active service in the office of storekeeper, now provided for by law in the Quartermaster's Department and Ordnance Department, respectively, said office shall cease to exist.
Sec. 2. Cavalry.Composition.[R. S., sec. 1102, p. 203, amended](/us/rs/s1102/p203).That each regiment of cavalry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants; two veterinarians, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, three squadron sergeants-major, two color-sergeants with rank, pay, and allowances of squadron sergeant-major, one band, and twelve troops Details.organized into three squadrons of four troops each.
Of the officers herein provided, the captains and lieutenants not required for duty with the troops shall be available for detail as regimental and squadron staff officers and such other details as may be authorized by law or Pay of squadron adjutants, etc.regulations. Squadron adjutants shall receive one thousand eight hundred dollars per annum and the allowances of first lieutenants; squadron quartermasters and commissaries shall receive one thousand six hundred dollars per annum and the allowances of second Band.lieutenants.
Each cavalry band shall be organized as now provided by law. Composition of troop.Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, six sergeants, six corporals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters, and forty-three privates; the commissioned officers to be assigned from among those *Proviso.*Limit number of enlisted men.hereinbefore authorized; *Provided*, That the President, in his discretion, may increase the number of corporals in any troop of cavalry to eight, and the number of privates to seventy-six, but the total number of enlisted men authorized for the whole Army shall not at any time be exceeded.
Sec. 3. Artillery Corps.[R. S., sec. 1099, etc., p. 203, amended](/us/rs/s1099/p203).That the regimental organization of the artillery arm of the United States Army is hereby discontinued, and that arm is constituted and designated as the Artillery Corps. It shall be organized as hereinafter specified and shall belong to the line of the Army. 749Sec. 4. That the Artillery Corps shall comprise two branches—the “Coast artillery” defined.coast artillery and the field artillery. The coast artillery is defined as that portion charged with the care and use of the fixed and movable elements of land and coast fortifications, including the submarine mine and torpedo defenses; and the field artillery as that portion accompanying —“field artillery.”an army in the field, and including field and light artillery proper, horse artillery, siege artillery, mountain artillery, and also machine-gun batteries: *Provided*, That this shall not be construed to *Proviso.*Duties of coast artillery and use of machine-guns not restricted.limit the authority of the Secretary of War to order coast artillery to any duty which the public service demands or to prevent the use of machine or other field guns by any other arm of the service under the direction of the Secretary of War.
Sec. 5. That all officers of artillery shall be placed on one list, in Assignment of officers to either branch according to aptitude.respect to promotion, according to seniority in their several grades, ana shall be assigned to coast or to field artillery according to their special aptitude for the respective services. Sec. 6. That the Artillery Corps shall consist of a Chief of Artillery, Composition of Corps.who shall be selected and detailed by the President, from the colonels of artillery, to serve on the staff of the general officer commanding the Army, and whose duties shall be prescribed by the Secretary of War; fourteen colonels, one of whom small be the Chief of Artillery; thirteen lieutenant-colonels, thirty-nine majors, one hundred and ninety-five captains, one hundred and ninety-five first lieutenants, one hundred and ninety-live second lieutenants; and the captains and lieutenants provided for in this section not required for duty with batteries or companies shall be available for duty as staff officers of the various artillery garrisons and such other details as may be authorized by law and regulations; twenty-one sergeants-major, with the rank, pay, and allowances of regimental sergeants-major of infantry: twenty-seven sergeants-major, with the rank, pay, and allowances of battalion sergeants-major of infantry; one electrician sergeant to each coast artillery post having electrical appliances; thirty batteries of field artillery, one hundred and twenty-six batteries of coast artillery, and ten bands organized as now authorized by law for artillery regiments: *Provided*, *Proviso.*That the aggregate number of enlisted men for the artillery, as provided Limit enlisted menunder this Act, shall not exceed eighteen thousand nine hundred and twenty, exclusive of electrician sergeants.
Sec. 7. That each company of coast artillery shall be organized as is Coast artillery; organization.Vol. 30, p.978.*Provisos.*Determining strength of company.now prescribed by law for a battery of artillery: *Provided,* That the enlisted strength of any company may be fixed, under the direction of the Secretary of War, according to the requirements of the service to which it may be assigned: *And provided*, That first-class gunners shall Additional pay to gunners.receive two dollars a month, and second-class gunners one dollar per month in addition to their pay.
Sec. 8. That each battery of field artillery shall be organized as is Field artillery; organization, etc.now prescribed by law, and the enlisted strength thereof shall be fixed under the direction of the Secretary of War. Sec. 9. That the increase herein provided for the artillery shall be When increase to be made.made as follows: Not less than twenty per centum before July first, nineteen hundred and one, and not less than twenty per centum each succeeding twelve months until the total number provided for shall have been attained.
All vacancies created or caused by this Act shall Vacancies, how filled.be filled by promotion according to seniority in the artillery arm. Second lieutenants of infantry or cavalry may. in the discretion of the Transfers from other arms.President, be transferred to the artillery arm. taking rank therein according to date of commission, and such transfers shall be subject to approval by a board of artillery officers appointed to pass upon the capacity of such officers for artillery service: *Provided,* That the increase *Proviso.*Proportionate increase of officers.of officers of artillery shall be only in proportion to the increase of men. 750 Sec. 10.
Infantry.[R. S., sec. 1107, p. 204, amended](/us/rs/s1107/p204).Composition.That each regiment of infantry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants; one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, three battalion sergeants-major, two color sergeants, with rank, pay, and allowances of battalion sergeants-major, one band, and twelve companies, organized Details.into three battalions of four companies each.
Of the officers herein provided, the captains and lieutenants not required for duty with the companies shall be available for detail as regimental and battalion staff officers and such other details as may be authorized by law or regulations. Pay battalion adjutants. etc.Battalion adjutants shall receive one thousand eight hundred dollars per annum and the allowances of first lieutenants, mounted; battalion quartermasters and commissaries shall receive one thousand six hundred dollars per annum and the allowances of second lieutenants, Band; organization.mounted.
Each infantry band shall be organized as now provided by law. Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and forty-eight privates, the commissioned officers to be *Proviso.*Limit enlisted men.assigned from those hereinbefore authorized: *Provided*, That the President, in his discretion, may increase the number of sergeants in any company of infantry to six, the number of corporals to ten, and the number of privates to one hundred and twenty-seven, but the total number of enlisted men authorized for the whole Army shall not, at any time, be exceeded.
Sec. 11. Corps of Engineers.Composition.[R. S., sec. 1151, p. 208, amended](/us/rs/s1151/p208).Vol. 30, pp. 652, 979.That the enlisted force of the Corps of Engineers shall consist of one band and three battalions of engineers. The engineers band shall be organized as now provided by law for bands of infantry regiments. Each battalion of engineers shall consist of one sergeant-major, one quartermaster-sergeant, and four companies. Each company of engineers shall consist of one first sergeant, one quartermaster-sergeant, with the rank, pay, and allowances of sergeant, eight sergeants, ten corporals, two musicians, two cooks, thirty-eight *Proviso.*Limit enlisted men.first-class and thirty-eight second-class privates: *Provided*, That the President may, in his discretion, increase the number of sergeants in any company of engineers to twelve, the number of corporals to eighteen, the number of first-class privates to sixty-four, and the number of second-class privates to sixty-four, but the total number of enlisted men authorized for the whole Army shall not. at any time, be exceeded:
Pay battalion adjutants, etc.*And provided*, That officers detailed from the Corps of Engineers to serve as battalion adjutants and battalion quartermasters and commissaries shall, while so serving, receive the pay and allowances herein authorized for battalion staff officers of infantry regiments. Sec. 12. Chaplains, rank, etc.That the President is authorized to appoint, by and with the advice and consent of the Senate, chaplains in the Army, at the rate of one for each regiment of cavalry and infantry in the United States service and twelve for the corps of artillery, with the rank, pay, and *Provisos.*Examination, etc.allowances of captains of infantry: *Provided*, That no person shall be appointed a chaplain in the Regular Army who shall have passed the age of forty years, nor until he shall have established his fitness as Post chaplain abolished.[R.
S., sec 1094, p. 202, amended](/us/rs/s1094/p202).required by existing law: *And provided*, That the office of post chaplain is abolished, and the officers now holding commissions as chaplains, or who may hereafter be appointed chaplains, shall be assigned to Assignment, etc., of chaplains.regiments or to the corps of artillery. Chaplains may be assigned to such stations as the Secretary of War shall direct, and they may be transferred, as chaplains, from one branch of the service or from one regiment to another by the Secretary of War, without further —transportation.commission.
When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quartermaster’s Department. 751 Sec. 13. That the Adjutant-General’s Department shall consist of Adjutant-General’s Department.Organization, etc.[R. S., sec. 1128, p. 206. amended](/us/rs/s1128/p206).one Adjutant-General with the rank of major-general, and when a vacancy shall occur in the office of Adjutant-General on the expiration of the service of the present incumbent, by retirement or otherwise, the Adjutant-General shall thereafter have the rank and pay of a brigadier-general, five assistant adjutants-general with the rank of colonel, seven assistant adjutants-general with the rank of lieutenant-colonel, and fifteen assistant adjutants-general with the rank of major: *Provided*, That all vacancies created or caused by this section shall, as *Proviso.*Vacancies, how tilled.far as possible, be tilled by promotion according to seniority of officers of the Adjutant-General’s Department.
Sec. 14. That the Inspector-General’s Department shall consist of Inspector-General’s Department.Organization, etc.one Inspector-General with the rank of brigadier-general, four inspectors-general with the rank of colonel, four inspectors-general with the rank of lieutenant-colonel, and eight inspectors-general with the rank of major: *Provided*, That all vacancies created or caused by this section *Proviso.*Vacancies, how filled.shall be filled, as far as possible, by promotion according to seniority of officers of the Inspector-General’s Department.
Sec. 15. That the Judge-Advocate-General’s Department shall consist Judge-Advocate-Gcneral’s Department.Organization.of one Judge-Advocate-General wit h the rank of brigadier-general, two judge-advocates with the rank of colonel, three judge-advocates with the rank of lieutenant-colonel, six judge-advocates with the rank of major, Vacancies above grade of major, how filled, etc.and for each geographical department or tactical division of troops not provided with a judge-advocate from the list of officers holding permanent commissions in the Judge-Advocate-General’s Department one acting judge-advocate with the rank. pay, and allowances of captain, mounted.
Promotions to vacancies above the grade of major, created or caused by this Act, shall be made, according to seniority, from officers now holding commission in the Judge-Advocate-General’s Department. Vacancies created or caused by this Act in the grade of major may be tilled by appointment of officers holding commissions as judge-advocate of volunteers since April twenty-first, eighteen hundred and ninety-eight. Vacancies which may occur thereafter in the grade of major in the Judge-Advocate-General's Department shall be tilled by the appointment of officers of the line, or of persons who have satisfactorily served as judge-advocates of volunteers since April twenty-first, eighteen hundred and ninety-eight, or of persons from civil life who at date of appointment are not over thirty-five years of age and who shall pass a satisfactory examination to be prescribed by the Secretary of War.
Acting judge-advocates provided for herein shall be detailed from Detail as acting judge-advocate.officers of the grades of captain or first lieutenant of the line of the Army who while so serving shall continue to hold their commissions in the arm of the service to which they permanently belong. Upon completion of a tour of duty not exceeding four years they shall be returned to the arm in which commissioned, and shall not be again detailed until they shall have completed two years' duty with the arm of the service in which commissioned.
Sec. 16. That the Quartermaster’s Department shall consist of one Quartermaster’s Department.Organization.Quartermaster-General with the rank of brigadier-general, six assistant quartermasters-general with the rank of colonel, nine deputy quartermasters-general with the rank of lieutenant-colonel, twenty quartermasters with the rank of major, sixty quartermasters with the rank of captain, mounted; the military storekeeper now provided for by law, and one hundred and fifty post quartermaster-sergeants: *Provided*, *Provisos.*Vacancies, how filled.That all vacancies in the grade of colonel, lieutenant-colonel, and major created or caused by this section shall be filled by promotion according to seniority, as now prescribed by law.
That to fill —original.original vacancies in the grade of captain created by this Act in the 752Quartermaster’s Department the President is authorized to appoint officer's of volunteers commissioned in the Quartermaster’s Department since April twenty-first, eighteen hundred and ninety-eight: Temporary continuance of certain volunteer officers.*Provided further*, That the President is authorized to continue in service, during the present emergency, for duty in the Philippine Islands and on transports. twenty-tour captains and assistant —limit.quartermasters of volunteers.
This authority shall extend only for the period when their services shall be absolutely necessary. Sec. 17. Subsistence Department.Organization.That the Subsistence Department shall consist of one Commissary-General with the rank of brigadier-general, three assistant commissaries-general with the rank of colonel, four deputy commissaries-general with the rank of lieutenant-colonel, nine commissaries with the rank of major, twenty-seven commissaries with the rank of Post commissary-sergeants.captain, mounted, and the number of commissary-sergeants now authorized by law, who shall hereafter be known as post *Proviso.*Vacancies, how filled.—original.commissary-sergeants: *Provided*, That all vacancies in the grades of colonel, lieutenant-colonel, and major, created or caused by this, section, shall be filled by promotion, according to seniority, as now prescribed by law.
That to till original vacancies in the grade of captain, created by this Act, in the Subsistence Department, the President is authorized to appoint officers of volunteers commissioned in the Subsistence Department since April twenty-first, eighteen hundred and ninety-eight. Sec. 18. Medical Department.Organization.That the Medical Department shall consist of one Surgeon-General with the rank of brigadier-general, eight assistant surgeons- general with the rank of colonel, twelve deputy surgeons-general with the rank of lieutenant-colonel, sixty surgeons with the rank of major, two hundred and forty assistant surgeons with the rank of captain or first lieutenant, the Hospital Corps, as now authorized by law, and the *Provisos.*Vacancies, how filled.Nurse Corps: *Provided*, That all vacancies in the grades of colonel, lieutenant-colonel, and major created or caused by this section shall be filled by promotion according to seniority, subject to the examination Computation of service as surgeon requisite to grade of captain.now prescribed by law: *And provided*, That the period during which any assistant surgeon shall have served as a surgeon or assistant surgeon in the Volunteer Army during the war with Spain or since shall be counted as a portion of the five years’ service required to entitle —relative rank unaffected, etc.him to rank of captain: *And provided also*, That nothing in this section shall affect the relative rank for promotion of any assistant surgeon now in the service, or who may be hereafter appointed therein, as determined by the date of his appointment or commission and as fixed in accordance with existing law and regulations: *Provided further*, Contract surgeons in emergencies.That in emergencies the Surgeon-General of the Army, with the approval of the Secretary of War. may appoint as many contract surgeons as may be necessary, at a compensation not to exceed one hundred Temporary, for Philippine service.and fifty dollars per month.
That on or after the passage of this Act the President may appoint for duty in the Philippine Islands, fifty surgeons of volunteers with the rank and pay of major, and one hundred and fifty assistant surgeons of volunteers with the rank and pay of —discharge.captain, mounted, for a period of two years: *Provided*, That so many of these volunteer medical officers as are not required shall be honorably discharged the service whenever in the opinion of the Secretary of War Pay of certain assistant surgeons.Vol. 30, p. 980.their services are no longer necessary: *Provided further*, That assistant surgeons in the Volunteer Army of the United States commissioned by the President as captains, in accordance with the provisions of an Act for increasing the efficiency of the Army of the United States, and for other purposes, approved March second, eighteen hundred and ninety-nine, shall be entitled to the pay of a captain, mounted, from the date of their acceptance of such commission, as prescribed by law:
Contract dental surgeons authorized.*Provided*, That the Surgeon-General of the Army, with the approval of the Secretary of War, be. and he is hereby, authorized to employ dental surgeons to serve the officers and enlisted men of the Regu-753lar and Volunteer Army, in the proportion of not to exceed one for every one thousand of said Army, and not exceeding thirty in all. —limit, etc.Said dental surgeons shall be employed as contract dental surgeons under the terms and conditions applicable to army contract surgeons, and shall be graduates of standard medical or dental colleges, trained in the several branches of dentistry, of good moral and professional character, and shall pass a satisfactory professional examination: *Provided*, That three of the number of dental surgeons to be employed —board of, to examine others.shall be first appointed by the Surgeon-General, with the approval of the Secretary of War, with reference to their fitness for assignment, under the direction of the Surgeon-General, to the special service of conducting the examinations and supervising the operations of the others: and for such special service an extra compensation of sixty dollars a month will be allowed: *Provided further*, That dental college —exempted from examination.graduates now employed in the Hospital Corps who have been detailed for a period of not less than twelve months to render dental service to the Army and who are shown by the reports of their superior officers to have rendered such service satisfactorily may be appointed contract dental surgeons without examination: *Provided*, That the Secretary Additional hospital stewards authorized.of War be authorized to appoint in the Hospital Corps, in addition to the two hundred hospital stewards now allowed by law. one hundred hospital stewards: *Provided*, That men who have served as hospital —serving in Spanish war maybe appointed.stewards of volunteer regiments or acted in that capacity during and since the Spanish-American war for more than six months may be appointed hospital stewards in the Regular Army: *And provided further*, That all men so appointed shall be of good moral character —examination.and shall have passed a satisfactory mental and physical examination.
Sec. 19. That the Nurse Corps (female) shall consist of one Superintendent, Nurse Corps (female).Organization.to be appointed by the Secretary of War. who shall be a graduate of a hospital training school having a course of instruction of not less than two years, whose term of office may be terminated at his discretion, whose compensation shall be one thousand eight hundred dollars per annum, and of as many chief nurses, nurses, and reserve nurses as may be needed. Reserve nurses may be assigned to active duty when the emergency of the service demands, but shall receive no compensation except when on such duty: *Provided*, That all nurses in *Proviso.*Appointment, examination, etc.the Nurse Corps shall be appointed or removed by the Surgeon-General, with the approval of the Secretary of War: that they shall be graduates of hospital training schools, and shall have passed a satisfactory professional, moral, mental, and physical examination: *And provided*, That the Superintendent and nurses shall receive transportation Transportation.and necessary expenses when traveling under orders: that the pay Pay, etc.and allowances of nurses, and of reserve nurses, when on active service, shall be forty dollars per month when on duty in the United States and fifty dollars per month when without the limits of the United States.
They, shall be entitled to quarters, subsistence, and medical attendance during illness, and they may be granted leaves of absence for thirty days, with pay, for each calendar year; and, when serving as chief nurses, their pay may be increased by authority of the Secretary of War, such increase not to exceed twenty-five dollars per month. Payments to the Nurse Corps shall be made by the Pay Department. Sec. 20. That the grade of veterinarian of the second class in cavalry Veterinarians.regiments.
United States Army, is hereby abolished, and hereafter the two veterinarians authorized for each cavalry regiment and the one veterinarian authorized for each artillery regiment shall receive the pay and allowances of second lieutenants, mounted. Such number of veterinarians as the Secretary of War may authorize shall be employed to attend animals pertaining to the quartermaster’s or other departments not directly connected with the cavalry and artillery regiments, at a compensation not exceeding one hundred dollars per month. 754 Sec. 21.
Pay Department.Organization.That the Pay Department shall consist of one Paymaster-General with the rank of brigadier-general, three assistant paymasters-general with the rank of colonel, four deputy paymasters-general with the rank of lieutenant-colonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain, mounted: *Proviso*.Vacancies, etc.*Provided*, That all vacancies in the grade of colonel and lieutenant-colonel created or caused by this, section shall be filled by promotion Appointments to grade of major.according to seniority, as now prescribed by law. and no more appointments to the grade of major and paymaster shall be made until the number of majors and paymasters is reduced below twenty: —captain.*And provided*, That persons who have served in the Volunteer Army since April twenty-first, eighteen hundred and ninety-eight, as additional paymasters may be appointed to positions in the grade of captain, Limit paymasters not to be exceeded.created by this section.
So long as there remain surplus majors an equal number of vacancies shall be held in the grade of captain, so that the total number of paymasters authorized by this section shall not be exceeded at any time. Sec. 22. That the Corps of Engineers shall consist of one Chief of Engineers with the rank of brigadier-general, seven colonels, fourteen lieutenant-colonels, twenty-eight majors, forty captains, forty first lieutenants, and thirty second lieutenants. The enlisted force provided in section eleven of this Act and the officers serving *Proviso.*therewith shall constitute a part of the line of the Army: *Provided*, That Appointment of Chief.Vacancies, how filled.the Chief of Engineers shall be selected as now provided by law. and hereafter vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be tilled, as far as possible, by promotion according to seniority from the Corps of Engineers: —by transfer.*And provided also*, That vacancies remaining in the grades of first and second lieutenant may be filled by transfer of officers of the Regular Army, subject to such professional examination as may be approved by the Secretary of War.
Vacancies in the grade of second lieutenant not tilled by transfer shall be left for future promotions from the corps of cadets at the United States Military Academy. Sec. 23. Ordnance Department.Organization.That the Ordnance Department shall consist of one Chief of Ordnance with the rank of brigadier-general, four colonels, six lieutenant-colonels, twelve majors, twenty-four captains, and twenty- four first lieutenants, the ordnance storekeeper, and the enlisted men, Vacancies, how filled.including ordnance sergeants, as now authorized by law.
All vacancies created or caused by this section shall, as far as possible, be filled by promotion according to seniority as now prescribed by law. Sec. 24. Signal Corps.Organization.That the Signal Corps shall consist of one Chief Signal Officer with the rank of brigadier-general, one colonel, one lieutenant-colonel, four majors, fourteen captains, fourteen first lieutenants, eighty first-class sergeants, *Provisos.*one hundred and twenty sergeants, one hundred and fifty corporals, two hundred and fifty first-class privates, one hundred and fifty second-class privates, and ten cooks: *Provided*, Vacancies, how filled.That vacancies created or caused by this section shall be filled by promotion of officers of the Signal Corps according to seniority, as now provided by law.
Vacancies remaining after such promotions may be filled by appointment of persons who have served in the Volunteer Signal Corps since April twenty-first, eighteen hundred and Temporary service in Philippines.ninety-eight: *Provided*, That the President is authorized to continue in service during the present emergency, for duty in the Philippine Islands, five —limit.volunteer signal officers with the rank of first lieutenant and five volunteer signal officers with the rank of second lieutenant.
This authority shall extend only for the period when their services may be absolutely necessary. Sec. 25. Record and Pension Office, War Depart meat.That the officers of the Record and Pension Office of the War Department shall be a chief of said office with the rank of brigadier-general and an assistant chief of said office with the rank of major: 755*Provided*, That any person appointed to be Chief of the Record and Rank of Chief, etc.Pension Office after the passage of this Act shall have the rank of colonel.
Sec. 26. That so long as there remain any officers holding permanent Permanent appointmentees, staff departments to be promoted according to seniority.appointments in the Adjutant-General’s Department, the Inspector-General’s Department, the Quartermaster’s Department, the Subsistence Department, the Pay Department, the Ordnance Department, and the Signal Corps, including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twenty-one. and twenty-four of this Act, they shall be promoted according to seniority in the several grades, as now provided by law. and nothing herein contained shall be deemed to apply to vacancies which can be tilled by such promotions or to the periods for which the officers so promoted shall hold their appointments, and when any vacancy, except that of the chief of the —future vacancies to be filled by detail, after examination.department or corps, shall occur, which can not be tilled by promotion as provided in this section, it shall be tilled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps after the original vacancies created by this Act shall have been filled.
Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. All officers so detailed shall serve for a period of four years, at the —return to line after four years, etc.expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they shall have served two years with the line.
That when vacancies shall occur in the position of chief of any staff Chief of staff corps or department vacancies, how filled.corps or department the President may appoint to such vacancies, by and with the advice and consent of the Senate, officers of the Army at large not below the rank of lieutenant-colonel, and who shall hold office for terms of four years. When a vacancy in the position of chief of any —rank of incumbent.staff corps or department is tilled by the appointment of an officer below the rank now provided by law for said office, said chief shall, while so serving, have the same rank, pay. and allowances now provided for the chief of such corps or department.
And any officer now holding office in any corps or department who shall hereafter serve as chief of a staff corps or department and shall subsequently be retired, shall be retired with the rank. pay. and allowances authorized by law for the retirement of such corps or department chief: *Provided*, That *Proviso.*Permanent appointments.so long as there remain in service officers of any staff corps or department holding permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein.
Sec. 27. That each position vacated by officers of the line, transferred Vacancies caused by details from line to staff, how filled.to any department of the staff for tours of service under this Act, shall be tilled by promotion in the line until the total number detailed equals the number authorized for duty in each staff department. Thereafter vacancies caused by details from the line to the staff shall be tilled by officers returning from tours of stall duty. If under the operation of this Act the number of officers returned to any particular arm of the service at any time exceeds the number authorized by law in any grade, promotions to that grade shall cease until the number has been reduced to that authorized.
Sec. 28. That vacancies in the grade of field officers and captain, Vacancies in grade of field officers and captain created by this act, how filled.created by this Act, in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch, respectively. Vacancies existing after the promotions have been made shall be provided —after promotions made, how filled.for as follows: A sufficient number shall be reserved in the grade of second lieutenant for the next graduating class at the United States Military Academy. 756 Persons not over forty years of age who shall have at any time served as volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, may be ordered before boards of officers for such examination as may be prescribed by the Secretary of War. and those who establish their fitness before these examining boards may be appointed to the grades of first or second lieutenant in the Regular Army, taking rank in the respective grades according to seniority as determined by length of prior commissioned service: but no person appointed under the provisions of this section shall be placed above another in the same grade with longer commissioned service, and nothing herein contained shall change the relative rank of officers heretofore commissioned in the Regular Army.
Appointment of enlisted men as second lieutenants authorized.Enlisted men of the Regular Army or volunteers may be appointed second lieutenants in the Regular Army to vacancies created by this Act. provided that they shall have served one year, under the same conditions now authorized by law for enlisted men of the Regular Army. Sec. 29. Excessive enlistment to supply trained recruits to outside regiments authorized.That to fill vacancies occurring from time to time in the several organizations serving without the limits of the United States with trained men, the President is authorized to enlist recruits in numbers equal to four per centum in excess of the total strength authorized for such organizations.
Sec. 30. Limit of time for maximum strength.That the President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this Act during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct: *Proviso*.Honorable discharge on account of dependent parent.*Provided*, That in the event of the enlistment of a soldier in the Army for the period required by law, and after the expiration of one year of service, should either of his parents die, leaving the other solely dependent upon the soldier for support, such soldier may. upon his own application, be honorably discharged from the service of the United States upon due proof being made of such condition to the Secretary of War.
Sec. 31. Detail of enlisted men for recruiting.That the Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations, and while performing such duty one member of each party shall have the rank, pay, and allowances of sergeant, and one the rank, pay, and allowances of corporal of the arm of the service to which they respectively belong. Sec. 32. Provisional promotion of officer pending examination.That when the exigencies of the service of any officer who would be entitled to promotion upon examination require him to remain absent from any place where an examining board could be convened, the President is hereby authorized to promote such officer, subject to examination, and the examination shall take place as soon thereafter as practicable.
If upon examination the officer be found disqualified for promotion, he shall, upon the approval of the proceedings by the Secretary of War, be treated in the same manner as if he had been examined prior to promotion. Sec. 33. Appointment authorized of two brigadier-generals for retirement.The President of the United States is hereby authorized to select from the brigadier-generals of volunteers two volunteer officers, without regard to age. and, by and with the advice and consent of the Senate, appoint them brigadier-generals, United States Army, for the purpose of placing them on the retired list. —major-generalAnd the President is also hereby authorized to select from the retired list of the Army an officer not above the rank of brigadier-general who may have distinguished himself during the war with Spain, in command of a separate army, and to appoint, by and with the advice and consent of the Senate, the officer so selected to be major-general, United States Army, with the pay and allowances established by law for officers of that grade on the retired list. 757 Sec. 34.
That all officers who have served during the war with Spain, Officers honorably discharged may wear uniform of highest commission held, etc.or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service by resignation or otherwise, shall be entitled to bear the official title and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the regular or volunteer service.
Sec. 35. That the Secretary of War be, and he is hereby, authorized Surveys, etc., for sites for instruction camps authorized.and directed to cause preliminary examinations and surveys to be made for the purpose of selecting four sites with a view to the establishment of permanent camp grounds for instruction of troops of the Regular Army and National Guard, with estimates of the cost of the sites and their equipment with all modern appliances, and for this purpose is authorized to detail such officers of the Army as may be necessary to carry on the preliminary work: and the sum of ten thousand dollars is hereby appropriated for the necessary expense of such work, to be disbursed under the direction of the Secretary of War: *Provided*, *Proviso.*That the Secretary of War shall report to Congress the result of such —report.examination and surveys, and no contract for said sites shall be made nor any obligation incurred until Congress shall approve such selections and appropriate the money therefor.
Sec. 36. That when in his opinion the conditions in the Philippine Enlistments of Philippine natives.Islands justify such action the President is authorized to enlist natives of those islands for service in the Army, to be organized as scouts, with such officers as he shall deem necessary for their proper control, or as troops or companies, as authorized by this Act. for the Regular Army. The President is further authorized, in his discretion, to form —companies, etc.companies, organized as are companies of the Regular Army, in squadrons or battalions, with officers and noncommissioned officers corresponding to similar organizations in the cavalry and infantry arms.
The total number of enlisted men in said native organizations shall not exceed twelve thousand, and the total enlisted force of the line of the Army, together with such native force, shall not exceed at any one time one hundred thousand. The majors to command the squadrons and battalions shall be Officers.selected by the President from captains of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of the grade of major. The captains of the troops or companies shall be selected by the President from first lieutenants of the line of the Regular Army, and while so serving they shall have the rank, pay, and allowances of captain of the arm to which assigned.
The squadron and battalion staff officers, and first and second lieutenants of companies, may be, selected from the noncommissioned officers or enlisted men of the Regular Army of not less than two years’ service, or from officers or noncommissioned officers or enlisted men serving, or who have served, in the volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, and officers of those grades shall be given provisional appointments for periods of four years each, and no such appointments shall be continued for a second or subsequent term unless the officer’s conduct shall have been satisfactory in every respect.
The pay and allowances of provisional officers of native organizations —pay, etc.shall be those authorized for officers of like grades in the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War. and shall not exceed those authorized for the Regular Army. When, in the opinion of the President, natives of the Philippine Native officers authorized.Islands shall, by their services and character, show fitness for command, the President is authorized to make provisional appointments to the grades of second and first lieutenants from such natives, who, when so appointed, shall have the pay and allowances to be fixed by the Sec-758retary of War, not exceeding those of corresponding grades of the Regular Army.
Sec. 37. Porto Rico.Regiment of natives authorized.That the President is authorized to organize and maintain one provisional regiment of not exceeding three battalions of infantry, for service in Porto Rico, the enlisted strength thereof to be composed of natives of that island as far as practicable. The regiment shall be organized as to numbers as authorized for infantry regiments of the Regular Army. The pay, rations, and clothing allowances to be authorized for the enlisted men shall be fixed by the Secretary of War, and shall not exceed those authorized for the Regular Army.
The field officers shall be selected from officers of the next lower grades in the Regular Army and shall, while so serving in the higher grade, have the rank, pay, and allowances thereof. The company and regimental and battalion staff officers shall be appointed by the President. The President may, in his discretion, continue with their own consent the volunteer officers and enlisted men of the Porto Rico regiment, whose terms of service expire by law July first, nineteen hundred and one.
Enlistments for the Porto Rico regiment shall be made for periods of three years, unless sooner discharged. The regiment shall be continued in service until further directed by Congress. Sec. 38. Sale of intoxicants in post exchanges, etc., prohibited.The sale of or dealing in, beer, wine or any intoxicating liquors by any person in any post exchange or canteen or army transport or upon any premises used for military purposes by the United States, is hereby prohibited. The Secretary of War is hereby directed to carry the provisions of this section into full force and effect.
Sec. 39. Existing Regular Army commissions unimpaired.That nothing in this Act shall be held or construed so as to discharge any officer from the Regular Army or to deprive him of the commission which he now holds therein. Sec. 40. Army ration; President may prescribe components, etc.That the President be, and he is hereby, authorized to prescribe the kinds and quantities of the component articles of the army ration, and to direct the issue of substitutive equivalent articles in place of any such components whenever, in his opinion, economy and a due regard to the health and comfort of the troops may so require.
Sec. 41. Badges, service Spanish war, etc., may be worn. etc.That the distinctive badges adopted by military societies of men “who served in the armies and navies of the United States during the Spanish-American war and the incident insurrection in the Philippines” may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. Sec. 42. Repeal.That all laws and parts of laws inconsistent with the pro visions of this Act be, and the same are hereby, repealed.
Approved, February 2, 1901.