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the same was actually received by him or not, and shall be entitled to pay, emoluments, and pension as if actually mustered at that date: Provided, That at the date from which he was to take rank by the terms of his said appointment or commission there was a vacancy to which he could be so appointed or commissioned, and his command had either been recruited to the minimum number required by law and the regulations of the War Department, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned; or if not so performing such duties, then he shall be held and considered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon such duties: Provided further, That any person held as a prisoner of war, or who may have been absent by reason of wounds, or in hospital by reason of disability received in the service in the line of duty, at the date of issue of his appointment or commission, if a vacancy existed for him in the grade to which so appointed or commissioned, shall be entitled to all the benefits to which he would have been entitled under this act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said date: Provided further, That this act shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty-three, or after that date when the commands of the persons appointed or commissioned were not below the minimum number required by then existing laws and regulations: And provided further, That the pay and allowances actually received for the period covered by the recognition extended under this act shall be deducted from the sums otherwise to be paid thereunder. Sec. 1, Act of Feb. 24, 1897 (29 Stat. 593).

456. Same-Heirs, etc., entitled to arrears of pay, etc.-The heirs or legal representatives of any person whose muster into service shall be recognized and established under the terms of this act shall be entitled to receive the arrears of pay and emoluments due, and the pension, if any, authorized by law, for the grade to which recognition shall be so extended. Sec. 2, id.

457. Same-Pay received in good faith not to be refunded.-The pay and allowances of any rank or grade paid to and received by any military or naval officer in good faith for services actually performed by such officer in such rank or grade during the war of the rebellion, other than as directed in the fourth proviso of the first section of this act, shall not be charged to or recovered back from such officer because of any defect in the title of such officer to the office, rank, or grade in which such services were so actually performed. Sec. 3, id.

458. Certificates of service in military telegraph corps.-The Secretary of War is hereby authorized and directed to prepare a roll of all persons who served not less than ninety days in the operation of military telegraph lines during the late civil war, and to issue to each, upon application, unless it appears that his service was not ́creditably performed, or to the representatives of those who are dead, suitable certificates of honorable service in the military telegraph corps of the Army of the United States, stating the service rendered, the length of such service, and the dates, as near as may be, between which such service was performed: Provided, That this law shall not be construed to entitle the persons herein mentioned to any pay, pension, bounty, or rights not herein specifically provided for. Act of Jan. 26, 1897 (29 Stat. 497).

HISTORICAL NOTE.

The office of adjutant-general, which had existed during the Government under the Articles of Confederation, was created by section 7 of the act of March 5, 1792 (1 Stat. 241), which made provision for an adjutant who was to do the duty of an inspector; section 3 of the act of May 30, 1796 (id., 483), contained a similar provision for an inspector who was to do the duty of adjutant-general, but who was to continue in service until March 4, 1797, and no longer. Temporary provision seems to have been made for the performance of the duties of the department from March 4, 1797, until May, 1798, when, in anticipation of war with France, an increase of the military establishment was authorized and provision made in section 6 of the act of May 28, 1789 (id., 538), for the appointment of an adjutant-general with the rank and pay of a brigadier-general. Section 14 of the act of March 3, 1799 (id, 749), contained the requirement that the adjutant-general of the Army should be, ex officio, assistant inspector-general, and that deputy inspectorsgeneral should be, ex officio, deputy adjutants-general, and should perform the duties of adjutants-general in the armies to which they might be assigned. These officers were disbanded on June 15, 1800, in pursuance of a requirement to that effect contained in the act of May 14, 1800 (2 id., 85). Section 3 of the act of March 16, 1802 (id., 132), provided for an adjutant and inspector of the Army, who was to be taken from the field officers. Section 4 of the act of January 11, 1812 (id., 671), created the office of adjutant-general, with the rank and pay of a brigadier-general, which continued to exist until the close of the war, when it was discontinued in the reduction accomplished by the act of March 3, 1815 (3 id., 224). The duties of the department were again performed by officers temporarily detailed for the purpose for a little more than a year, when, by the act of April 24, 1816 (3 id., 297), the temporary establishment was made permanent and the strength of the department was fixed at one adjutant and inspector-general (brigadier-general), one assistant adjutantgeneral (colonel) for each division, and one assistant adjutant-general (major) for each brigade. At the general reduction of 1821 the department was reduced to a single officer-an adjutant-general of the Army-with the rank of a colonel of cavalry. By section 7 of the act of July 5, 1838 (5 id., 256), two assistant adjutants-general (brevet majors) and four brevet captains were added to the department. By section 6 of the act of June 18, 1846 (9 id., 17), four assistant adjutants-general were added for the period of the existing war; by section 2 of the act of March 3, 1847 (id., 184), one lieutenant-colonel and two brevet captains were authorized under the same restriction as to tenure of office. By section 3 of the act of July 19, 1848 (id., 247), the limitation contained in the two acts last cited was removed, and the establishment, as it existed at the close of the war with Mexico, was made permanent; the vacancies were not to be filled, however, until the further order of Congress; but, by section 4 of the act of March 2, 1849 (id., 351), this restriction was repealed and the President was authorized to make appointments and promotions in the department as then constituted by law.

At the outbreak of the war of the rebellion the department was reorganized, its composition being fixed by the act of August 3, 1861 (12 Stat. 287), at 1

brigadier-general, 1 colonel, 2 lieutenant-colonels, 4 majors, and 12 captains. By section 22 of the act of July 17, 1862 (id., 597), 1 colonel, 2 lieutenantcolonels, and 9 majors were added to the establishment, with the requirement that vacancies in the grade of major should thereafter be filled by selections from captains in the Army. By section 10 of the act of July 28, 1866 (14 id., 333), the composition of the department was fixed as follows: One brigadiergeneral, 2 colonels, 4 lieutenant-colonels, and 13 majors. The grade of captain not being provided for in this enactment was thenceforward discontinued. This statute contained the requirement that vacancies in the office of adjutantgeneral should thereafter be filled by selection from the officers of the department. By section 2 of the act of March 3, 1869 (15 id., 318), promotions and appointments in the department were forbidden until the further order of Congress, but by joint resolution No. 12, of April 10, 1869 (16 id., 53), this statute was suspended in its operation as to vacancies which had existed on March 3, 1869. By the act of March 3, 1873 (17 id., 578), the appointment of 1 major to the department was authorized, and, by the act of March 3, 1875 (18 id., 478), the restriction upon appointments and promotions imposed by the act of March 3, 1869, was removed, and the composition of the department fixed at 1 brigadier-general, 2 colonels, 4 lieutenant-colonels, and 10 majors. By the act of February 28, 1887 (24 id., 434), the grades of rank of the officers constituting the department were rearranged so as to consist of 1 brigadier-general, 4 colonels, 6 lieutenant-colonels, and 6 majors, the vacancies created by the act to be filled by promotion according to seniority. By the act of August 6, 1894 (28 id., 234), the number of majors in the department was reduced to 4. By the act of May 18, 1898 (30 id., 419), the appointment of 1 colonel and 1 major was authorized, with the proviso that, upon the muster out of the volunteer forces, no promotions or appointments should be made until the number of officers of the above grades had been reduced to that authorized by the law in force prior to the passage of the act. By section 3 of the act of June 6, 1900 (31 id., 655), the rank of major-general was conferred upon the adjutant-general during the service of the present incumbent." By section 13 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at 1 adjutant-general with the rank of major-general, until a vacancy shall occur in the office on the expiration of the service of the present incumbent, by retirement or otherwise, and thereafter with the rank of brigadier-general, 5 assistant adjutants-general with the rank of colonel, 7 assistant adjutants-general with the rank of lieutenantcolonel, and 15 assistant adjutants-general with the rank of major. A system of details was also established, by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the AdjutantGeneral's Department.

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By the act of April 23, 1904, the offices of the Adjutant-General's Department, except the adjutant-general, and the officers of the Record and Pension Office, were constituted a department of the Army to be known as the Military Secretary's Department; the Adjutant General's Office and the Record and Pension Office constituting a bureau of the War Department to be known as the Military Secretary's Office.

By the act of March 2, 1907, the name of the Military Secretary's Department was changed to Adjutant-General's Department and the Military Secre tary's Office became the Adjutant-General's Office.

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459. Composition. That the Inspector-General's Department shall consist of one Inspector-General with the rank of brigadiergeneral, 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 shall be filled, as far as possible, by promotion according to seniority of officers of the Inspector-General's Department. Sec. 14, Act of Feb. 2, 1901 (31 Stat.

751).

Upon the occurrence of a vacancy in the grade of colonel in the Inspector-General's Department after the present lieutenant-colonels therein shall have been promoted or retired, such vacancy shall not be filled, and thereafter the number of officers authorized for that department shall be as follows: One inspector-general with the rank of brigadier-general; three inspectors-general with the rank of colonel; four inspectors-general with the rank of lieutenant-colonel, and nine inspectors-general with the rank of major. Act of Mar. 2, 1901 (31 Stat. 899).

(The reduction provided for in the act of March 2, 1901, has been accomplished. For the statutory regulations in regard to details and promotions in the Inspector General's Department, see chapter entitled Staff Departments.)

460. Expert accountant.-For pay of one expert accountant for the Inspector-General's Department, to be appointed in case of vacancy, by the Secretary of War, two thousand five hundred dollars. Act of Feb. 24, 1891 (26 Stat. 773).

(This item, contained in an appropriation act, served to authorize the employ-. ment of an expert accountant; the authority has been continued in a similar manner. For the law covering the mileage of the expert accountant see chapter entitled Quartermaster Corps under the head " Payments to the Army ").

461. Duties of Inspectors General.-It shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursements made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the Inspection Department of the Army, or others detailed for that purpose: Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. Act of Apr. 20, 1874 (18 Stat. 33).

(For the general duties of the Inspector General's Department see A. R., 1913, paragraphs 878-902.)

462. Reports of inspections.-That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. Sec. 2, Id.

(See paragraphs 412 and 413.)

463. Inspections of Volunteer Soldiers' Homes.-The Secretary of War shall hereafter exercise the same supervision over all receipts and disbursements on account of the Volunteer Soldiers' Homes as he is required by law to apply to the accounts of disbursing officers of the Army. Act of Mar. 3, 1893 (27 Stat. 653).

(See paragraph 412.)

4631. Same-Annual inspection by officer of Inspector General's Department. Hereafter, one in each fiscal year, the Secretary of War shall cause a thorough inspection to be made of the National Home for Disabled Volunteer Soldiers, its records, disbursements, management, discipline, and condition, such inspection to be made by an officer of the Inspector General's Department, who shall report thereon in writing, and said report shall be transmitted to Congress at the first session thereafter. Act of Aug. 18, 1894 (28 Stat. 412).

464. Inspector-General of Army to inspect Soldiers' Home.-The Inspector-General of the Army shall, in person, once in each year thoroughly inspect the [Soldiers'] Home, its records, accounts, management, discipline, and sanitary condition, and shall report thereon in writing, together with such suggestions as he desires to make. Sec. 2, Act of Mar. 3, 1883 (22 Stat. 564).

(For the law in regard to the inspection of the Military Prison see paragraph 479 post.)

HISTORICAL NOTE.

The Inspector General's Department had existed during the War of the Revolution, the office of inspector general having been held by Baron Steuben, whose appointment was approved by Congress in a resolution dated May 25, 1778. During the incumbency of Baron Steuben a system of drill regulations was prepared and introduced, which continued in use until replaced, in part, by the

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