[Skilled draftsmen, etc., in office of chief of ordnance limit, etc.] The services of skilled draftsmen and such other services, not clerical, as the Secretary of War may deem necessary, may be employed in the office of the Chief of Ordnance to carry into effect the various appropriations for the armament of fortifications and for the arming and equipping of the organized militia, to be paid from such appropriations, in addition to the amount specifically appropriated for draftsmen in the Army Ordnance Bureau: Provided, That the entire expenditures for this purpose for the fiscal year ending June thirtieth, nineteen hundred and eight, shall not exceed forty thousand dollars, and that the Secretary of War shall each year in the annual estimates report to Congress the number of persons so employed, their duties, and the amount paid to each. [34 Stat. L. 966.]

This and the following paragraph are from the Legislative, Executive, and Judicial Appropriation Act of Feb. 26, 1907, ch. 1635.

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[Skilled draftsmen, etc., in office of chief of engineers

limit, etc.]

*And the services of skilled draftsmen, civil engineers, and such other services as the Secretary of War may deem necessary, may be employed in the office of the Chief of Engineers, to carry into effect the various appropriations for rivers and harbors, fortifications, and surveys, to be paid from such appropriations: Provided, That the expenditures on this account for the fiscal year ending June thirtieth, nineteen hundred and eight, shall not exceed ten thousand dollars; and that the Secretary of War shall each year, in the annual estimates, report to Congress the number of persons so employed, their duties, and the amount paid to each. [34 Stat. L. 966.]

An Act Making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eight.

[Act of March 2, 1907, ch. 2511, 34 Stat. L. 1158.]

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[SEC. 1.] [Adjutant-General's Department - title of officers.] That hereafter the Military Secretary's Department of the Army shall be known as the Adjutant-General's Department, the senior in rank of the officers of said department shall be designated by the title of The Adjutant-General, the other officers of the Department shall be designated by the title of Adjutant-General, and The Military Secretary's Office of the War Department shall be known as the Adjutant-General's Office. [34 Stat. L. 1158.]

[Assignments.]

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That hereafter all commissioned officers of the Army may transfer or assign their pay accounts, when due and payable, under such regulations and restrictions as the Secretary of War may prescribe. [34 Stat. L. 1159.]

The same provision, except for the word "hereafter," occurs in the Army Appropriation Act of June 12, 1906, see supra, p. 681.

[Recruit and prison companies.]

That hereafter recruit and prison companies shall have noncommissioned officers, musicians, artificers and cooks of the number and grades allowed by law for companies of infantry. [34 Stat. L. 1160.]

[Lieutenant-General office to cease.] * * * That when the office of Lieutenant-General shall become vacant it shall not thereafter be filled, but said office shall cease and determine: [34 Stat. L. 1160.]

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[Transfers of officers of line to staff.] That the provisions of section twenty-seven of the Act of February second, nineteen hundred and one. with reference to the transfer of officers of the line to the departments of the staff for tours of service, shall apply to the vacaney created by this Aet and to the return of the officer so detailed to the line of the Army. [34 Stat. L. 1162.]

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[Detail of officer to assist Chief of Bureau of Insular Affairs.] That the Secretary of War is hereby authorized to detail an officer of the Army, whom he may consider especially well qualified, to act as principal assistant to the Chief of the Bureau of Insular Affairs of the War Department, and said principal assistant while acting under said detail shall have the rank, pay, and allowances of a major: [34 Stat. L. 1162.]

[Retirement of brigadier-generals having civil war service.] *** That officers who served creditably in the regular or volunteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, and who now hold the rank of brigadier-general on the active list of the Army, having previously held that rank for three years or more, shall, when retired from active service, have the rank and retired pay of major-general. [34 Stat. L. 1163,]

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[Emergency ration.] That hereafter the emergency ration prescribed for use on emergent occasions shall, when issued, be furnished in addition to the regular ration under such regulations as may be prescribed by the Secretary of War; [34 Stat. L. 1165.]

[Disbursement of funds - funds in officers' personal possession.] *

That hereafter officers intrusted with the disbursement of funds for the subsistence of the Army are hereby authorized to keep, at their own risk, in their personal possession for disbursement, such restricted amounts of subsistence funds for facilitating payments of small amounts to public creditors as shall from time to time be authorized by the Secretary of War; [34 Stat. L. 1166.]

[Heat and light at officers' quarters,] That hereafter the heat and light actually necessary for the authorized allowance of quarters for officers and enlisted men shall be furnished at the expense of the United States under such regulations as the Secretary of War may prescribe: [34 Stat. L. 1167.]

pay.]

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[Quartermaster's Department-restriction at West Point - extra duty That hereafter no part of the moneys appropriated for use of the Quartermaster's Department shall be used in payment of extra duty pay for the Army service men in the Quartermaster's Department at West Point; [34 Stat. L, 1167.]

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[Officers' quarters at posts and stations.] * That section nine of an Act approved June seventeenth [eighteenth ?], eighteen hundred and seventy-eight (Twentieth Statutes at Large, page one hundred and fifty-one), be, and the same is hereby, amended to read as follows: "That at all posts and stations where there are public quarters belonging to the United States officers may be furnished with quarters in kind in such public quarters, and not elsewhere, by the Quartermaster's Department, assigning to the officers of each grade, respectively, such number of rooms as is stated in the following table, namely: Second lieutenants, two rooms; first lieutenants, three rooms; captains, four rooms; majors, five rooms; lieutenant-colonels, six rooms; colonels, seven rooms; brigadier-generals, eight rooms; major-generals, nine rooms; lieutenant-general, ten rooms: Provided further, That at places where there are no

public quarters commutation therefor may be paid by the Pay Department to the officer entitled to the same at a rate not exceeding twelve dollars per month per room:" [34 Stat. L. 1168.]

For sec, 9 of Act of June 18, 1878, above amended, see 7 Fed. Stat. Annot. 1042. There is no Act of June seventeenth, 1878, having a section nine.

An Act Providing for the retirement of noncommissioned officers, petty officers, and enlisted men of the Army, Navy, and Marine Corps of the United States.

[Act of March 2, 1907, ch. 2515; 34 Stat. L. 1217.) [SEC. 1.] [Retired enlisted men - additional allowances to - credit for all service.] That when an enlisted man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, with seventy-five per centum of the pay and allowances he may then be in receipt of, and that said allowances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel, and light: Provided, That in computing the necessary thirty years' time all service in the Army, Navy, and Marine Corps shall be credited. [34 Stat. L. 1217.]

SEC. 2. [Repeat.] That all Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. [34 Stat. L. 1218.]

An Act To authorize the Secretary of War to make certain disposition of condemned guns and cannon balls.

[Act of March 2, 1907, ch. 2540, 84 Stat. L. 1233.]

[Obsolete ordnance-given to Athens Monument Association, Ohio.] That the Secretary of War be, and he is hereby, authorized, in his discretion, to give to the Monument Association, Athens, Ohio, four condemned brass or bronze guns with suitable outfit of cannon balls which may not be needed in the service. Such gift shall be made subject to rules and regulations covering the same in the War Department, and the Government shall be at no expense in connection with such loan or gift. [34 Stat. L. 1233.]

* For pay

[SEC. 1.] [Back pay and bounty - stating balances.] * ment of amounts for arrears of pay of two and three year volunteers, for bounty to volunteers and their widows and legal heirs, for bounty under the Act of July twenty-eighth, eighteen hundred and sixty-six, and for amounts for com mutation of rations to prisoners of war in rebel States, and to soldiers on furlough, that may be certified to be due by the accounting officers of the Treasury during the fiscal year nineteen hundred and eight, two hundred thousand dollars: Provided, That in all cases hereafter so certified the said accounting officers shall, in stating balances, follow the decisions of the United States Supreme Court or of the Court of Claims of the United States after the tima for appeal has expired, if no appeal be taken, without regard to former settlements or adjudications by their predecessors. [34 Stat. L. 1356.]

This is from the Sundry Civil Appropriation Act of March 4, 1907, ch. 2918.

An Act To increase the efficiency of the Medical Department of the United States Army.

[Act of April 23, 1908, ch. 150, 35 Stat. L. 66.]

[SEC. 1.] [Organization of army medical department.] That from and after the approval of this Act the Medical Department of the United States Army shall consist of a Medical Corps and a Medical Reserve Corps, as hereinafter provided; and the Hospital Corps, the nurse corps, and dental surgeons, as now authorized by law. [35 Stat. L. 66.]

SEC. 2. [Medical Corps-composition of officers.] That the Medical Corps shall consist of one Surgeon-General, with rank of brigadier-general, who shall be chief of the Medical Department; fourteen colonels, twenty-four lieutenant-colonels, one hundred and five majors, and three hundred captains or first lieutenants, who shall have rank, pay, and allowances of officers of corresponding grades in the cavalry arm of the service. Immediately following the approval of this Act all officers of the Medical Department then in active service, other than the Surgeon-General, shall be recommissioned in the corresponding grades in the Medical Corps established by this Act in the order of their seniority and without loss of relative rank in the Army, as follows: Assistant surgeons-general, with the rank of colonel, as colonels; deputy surgeons-general, with rank of lieutenant-colonel, as lieutenant-colonels; surgeons, with the rank of major, as majors; assistant surgeons, who at the time of the approval of this Act shall have served three years or more, as captains; and assistant surgeons, with the rank of first lieutenant, who at the time of the approval of this Act shall have served less than three years as such, as first lieutenants; and hereafter first lieutenants shall be promoted to the grade of captain after three years' service in the Medical Corps. [35 Stat. L. 66.1

SEC. 3. [Vacancies and promotions.] That promotions in the Medical Corps to fill vacancies in the several grades created or caused by this Act, or hereafter occurring, shall be made according to seniority, but all such promotions and all appointments to the grade of first lieutenant in said corps shall be subject to examination as hereinafter provided: Provided, That the increase in grades of colonel, lieutenant-colonel, and major provided for in this Act shall be filled by promotion each calendar year of not exceeding two lieutenant-colonels to be colonels, three majors to be lieutenant-colonels, fourteen captains to be majors, and of the increase in the grade of first lieutenant not more than twenty-five per centum of the total of such increase shall be appointed in any one calendar year: Provided further, That those assistant surgeons who at the time of the approval of this Act shall have attained their captaincy by reason of service in the volunteer forces under the provisions of the Act of February second, nineteen hundred and one, section eighteen, or who will receive their captaincy upon the approval of this Act by virtue of such service, shall take rank among the officers in or subsequently promoted to that grade, according to date of entrance into the Medical Department of the Army as commissioned officers. [35 Stat. L. 67.]

For sec. 18 of the Act of Feb. 2, 1901, see 7 Fed. Stat. Annot. 982.

SEC. 4. [Examination for appointment as first lieutenant.] That no person shall receive an appointment as first lieutenant in the Medical Corps unless he shall have been examined and approved by an army medical board consisting of not less than three officers of the Medical Corps designated by the Secretary of War. [35 Stat. L. 67.]

be

SEC. 5. [Promotions of officers below rank of lieutenant-colonel — retirement if physically disabled.] That no officer of the Medical Corps below the rank of lieutenant-colonel shall be promoted therein until he shall have successfully passed an examination before an army medical board consisting of not less than three officers of the Medical Corps, to be designated by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time anterior to the accruing of the right to promotion as may for the best interests of the service: Provided, That should any officer of the Medical Corps fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted; but if he should be found disqualified for promotion for any other reason, a second examination shall not be allowed, but the Secretary of War shall appoint a board of review to consist of three officers of the Medical Corps superior in rank to the officer examined, none of whom shall have served as a member of the board which examined him. If the unfavorable finding of the examining board is concurred in by the board of review, the officer reported disqualified for promotion shall, if a first lieutenant or captain, be honorably discharged from the service with one year's pay; and, if a major, shall be debarred from promotion and the officer next in rank found qualified shall be promoted to the vacancy. If the action of the examining board is disapproved by the board of review, the officer shall be considered qualified and shall be promoted. [35 Stat. L. 67.]

SEC. 6. [Rank and service of present officers not affected.] That nothing in this Act shall be construed to legislate out of the service any officer now in the Medical Department of the Army, nor to affect the relative rank or promotion of any medical officer now in the service, or who may hereafter be appointed therein, as determined by the date of his appointment or commission, except as herein otherwise provided in section three. [35 Stat. L. 68.]

SEC. 7. [Medical Reserve Corps authorized.] That for the purpose of securing a reserve corps of medical officers available for military service, the President of the United States is authorized to issue commissions as first lieutenants therein to such graduates of reputable schools of medicine, citizens of the United States, as shall from time to time, upon examination to be prescribed by the Secretary of War, be found physically, mentally, and morally qualified to hold such commissions, the persons so commissioned to constitute and be known as the Medical Reserve Corps. The commissions so given shall confer upon the holders all the authority, rights, and privileges of commissioned officers of the like grade in the Medical Corps of the United States Army, except promotions, but only when called into active duty, as hereinafter provided, and during the period of such active duty. Officers of the Medical Reserve Corps shall have rank in said corps according to date of their commissions therein, and when employed on active duty, as hereinafter provided, shall rank next below all other officers of like grade in the United States Army: Provided, That contract surgeons now in the military service who receive the favorable recommendation of the Surgeon-General of the Army shall be eligible for appointment in said reserve corps without further examination: Provided further, That any contract surgeon not over twenty-seven years of age at date of his appointment as contract surgeon shall be eligible to appointment in the regular corps. [35 Stat. L. 68.]