nineteen, no vacancies occurring among the said additional officers shall be filled and the offices so vacated shall cease and determine.-Sec. 25, act of June 3, 1916 (39 Stat., 183).

459. Duty with troops required.-No officer of any of said arms of the service shall be permitted to remain on said detached officers' list for more than forty-five days unless he shall have been actually present for duty for at least two years out of the last preceeding six years with an organization composed of one or more statutory units, or the equivalent thereof, of the arm to which he shall belong. Any vacancy created in said list by the removal of any officer therefrom because he shall not have been present for duty as before prescribed in this proviso shall be filled by the transfer to said list of an officer having the same grade and belonging to the same arm as the officer whose removal from said list shall have created said vacancy; but, except as before prescribed in this proviso, all officers who shall have been assigned to said list shall remain thereon for not less than four years from the respective dates of their assignment thereto, unless in the meantime they shall have been separated entirely from the Army, or shall have been promoted or appointed to higher offices, or shall have been retired from active service.-Ibid.

DETAILS.

460. Principal assistant, Ordnance Bureau; rank, pay, and allowances.-The principal assistant in the Ordnance Bureau shall receive a compensation, including pay and emoluments, not exceeding that of a major of ordnance.—Sec. 1279, R. S.

461. Officer in charge of public buildings and grounds; rank, pay, and allowances.-The officer in charge of public buildings and grounds shall have the rank, pay, and emoluments of a colonel.-Act of Mar. 3, 1873 (17 Stat., 535).

462. Acting judge advocates; rank, pay, and allowances.-Acting judge advocates provided for herein shall be detailed from 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.-Sec. 15, Act of Feb. 2, 1901 (31 Stat., 751).

463. Chief ordnance officer, to staff of an Army or corps and division commanders.-A chief ordnance officer may be assigned to the staff of an Army or a corps commander, and while so assigned shall have the rank, pay, and allowances of a lieutenant colonel. A chief ordnance officer may be assigned to the staff of a division commander, and while so assigned shall have the rank, pay, and allowance of a major.-Act of July 7, 1898 (30 Stat., 720).

464. Chief of staff corps or departments.-When vacancies shall occur in the position of chief of any staff 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 staff corps or department is filled 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.-Sec. 26, act of Feb. 2, 1901 (31 Stat., 755).

465. Period of staff service.-No officer hereafter detailed or appointed under the provisions of section twenty-six of the act of February second, nineteen hundred and one, who has less than four years to serve from the date of his detail or appointment to the date of his retirement shall serve under such detail or appointment or be paid as if on the active list beyond the date of his retirement.-Act of June 30, 1902 (32 Stat., 509).

466. Philippine Constabulary.-Officers of the Army of the United States may be detailed for service as chief and assistant chiefs, the said assistant chiefs not to exceed in number four, of the Philippine Constabulary, and that during the continuance of such details the officer serving as chief shall have the rank, pay, and allowances of brgadier general, and the officers serving as assistant chiefs shall have the rank, pay, and allowances of colonel: Provided, That the difference between the pay and allowances of brigadier general and colonel as herein provided, and the pay and allowances of the officers so detailed in the grades from which they are detailed shall be paid out of the Philippine treasury.-Act of Jan. 30, 1903 (32 Stat., 783), modified by par. 455.

467. Chief of telegraph and cipher bureau Executive Office.-The President be and is hereby authorized to appoint by and with the advice and consent of the Senate an officer of the Signal Corps as chief of the telegraph and cipher bureau of the Executive Office, who shall have, while so serving, the rank, pay, and allowances of a major.—Act of Mar. 2, 1903 (32 Stat., 932).

468. First lieutenant, Ordnance Department.-Hereafter details for service to the grade of first lieutenant in the Ordnance Department under the provisions of the act of February second, nineteen hundred and one, may be made, from the Army at large, from the grade of first or second lieutenant, and officers so detailed shall, while so serving, receive the pay of first lieutenant.—Act of Mar. 2, 1903 (32 Stat., 942).

469. Chief of the Bureau of Insular Affairs.-The Chief of the Bureau of Insular Affairs of the War Department shall hereafter be appointed by the President for the period of four years, unless sooner relieved, with the advice and consent of the Senate, and while holding that office he shall have the rank, pay, and allowances of a brigadier general.—Act of June 25, 1906 (34 Stat., 456).

470. Principal assistant to Chief of Bureau of Insular Affairs.-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.—Act of Mar. 2, 1907 (34 Stat., 1162).

471. Assistant to Chief of Bureau of Insular Affairs.-The Secretary of War is hereby authorized to detail one additional officer of the Army as assistant to the Chief of the Bureau of Insular Affairs, under the same provisions of law in regard to the vacancy in the line thus created and return to the line as govern in the case of the assistant authorized by the act of March second, nineteen hundred and seven; and the assistant herein authorized while serving in this capacity shall have the rank, pay, and allowances of a colonel; and both officers detailed in the Bureau of Insular Affairs shall hereafter be designated, while on this duty, as assistants to the Chief of the Bureau.-Act of Mar. 23, 1910 (36 Stat., 248).

49392*

472. Tour of duty; Philippine Islands and Panama Canal Zone.-On and after October first, nineteen hundred and fifteen, no officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, nor more than three years in the Panama Canal Zone, except in case of insurrection or of actual or threatened hostilities: Provided further, That the foregoing provision shall not apply to the organization known as the Philippine Scouts.-Act of Mar. 4, 1915 (38 Stat., 1078).

473. Duty with the National Guard.-The Secretary of War shall detail officers of the active list of the Army to duty with the National Guard in each State, Territory, or District of Columbia, and officers so detailed may accept commissions in the National Guard, with the permission of the President, and terminable in his discretion, without vacating their commissions in the Regular Army or being prejudiced in their relative or lineal standing therein. The Secretary of War may, upon like application, detail one or more enlisted men of the Regular Army with each State, Territory, or District of Columbia for duty in connection with the National Guard. But nothing in this section shall be so construed as to prevent the detail of retired officers as now provided by law. Sec. 100, act of June 3, 1916 (39 Stat., 208).

474. Chief of Coast Artillery; rank, pay, and allowances.-Hereafter the Chief of Coast Artillery shall have the rank, pay, and allowances of a major general.-Act of July 6, 1916 (39 Stat., 349).

475. Staff service with troop, etc., deemed line duty.-Hereafter, in determining the eligibility, under the provisions of the act of Congress approved August twenty-fourth, nineteen hundred and twelve, of troop, battery, or company officers for detail as officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually performed by any such officer with troops prior to December fifteenth, nineteen hundred and twelve, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a battery, company, or troop.-Act of Mar. 2, 1913 (37 Stat., 706).

476. Performance of Quartermaster Corps duty by regimental, etc., staff officers.-Regimental, battalion, and squadron quartermasters and commissaries shall hereafter be required to perform the duties of officers of the Quartermaster Corps, including the receipting for any money or property pertaining to said corps, when no officer of the Quartermaster Corps is present for such duties, and nothing contained in the Army appropriation act approved August twentyfourth, nineteen hundred and twelve, shall hereafter be held or construed so as to prevent competent authority from requiring any officers of the Army to act temporarily as quartermasters wherever there shall be no officers of the Quartermaster Corps and no regimental, battalion, or squadron quartermasters or commissaries present for such duty.-Act of Mar. 2, 1913 (37 Stat., 706).

477. Military details under Cuba and Panama.-The consent of Congress is hereby granted to the acceptance by officers of the Army, in the discretion of the President, of such military details under the Governments of Cuba and Panama as may be requested by the Presidents of these Republics: Provided, That such details shall not exceed five in number: And provided further, That no officer so detailed shall receive any present, emolument, office, or title of any kind whatever from the Government of Cuba or Panama.-Act of Apr. 19. 1910 (36 Stat., 324).

478. Military Academy.-The Secretary of War is hereby directed to detail a competent officer to act as quartermaster and commissary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the cadets, and all provisions for the mess, shall be made, and that all supplies of all kinds and descriptions shall be furnished to the cadets at actual cost, without any commission or advance over said cost; and such officer so assigned shall perform all the duties of purveying and supervision for the mess as now done by the purveyor.-Act of Aug. 7, 1876 (19 Stat., 126).

479. War of 1917.-That all existing restrictions upon the detail, detachment, and employment of officers and enlisted men of the Regular Army are hereby suspended for the period of the present emergency.-Sec. 11, act of May 18, 1917 (40 Stat., 82).

DISCHARGE.

480. Failure to pass examination; all officers of the Army below the grade of major. That the President be, and he is hereby, authorized to prescribe a system of examination of all officers of the Army below the rank of major to determine their fitness for promotion, such an examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interests of the service: * * * Should the officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in line of duty he shall be retired with the rank to which his seniority entitled him to be promoted; but if he should fail for any other reason he shall be suspended from promotion for one year, when he shall be reexamined, and in case of failure on such reexamination he shall be honorably discharged with one year's pay.-Act of Oct. 1, 1890 (26 Stat., 562).

481. Same-Officers of the Medical Corps, below the rank of lieutenant colonel. 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.-Act of Apr. 23, 1908 (35 Stat., 67).

482. Final payment on discharge.—Officers who at any time were accountable or responsible for public property shall be required, before final payment is made to them on discharge from the service, to obtain certificates of nonindebtedness to the United States from only such of the bureaus of the War Department to which the property for which they were accountable or responsible pertains, and the certificate from the Chief of the Division of Bookkeeping and Warrants, Treasury Department, and such certificates, accompanied by the affidavits of officers of nonaccountability or nonresponsibility to other bureaus of the War Department, certified to by the commanding officer of the regiment

or independent organization, shall warrant their final payment: Provided, That officers who have not been responsible at any time for public property shall be required to make affidavit of that fact, certified to by their commanding officers, which shall be accepted as sufficient evidence to warrant their final payment on their discharge from the service.-Sec. 2, act of Jan. 12, 1899 (30 Stat., 784).

483. War of 1917.-The appointments authorized and made as provided by the second, third, fourth, fifth, sixth, and seventh paragraphs of section one and by section eight of this act, and the temporary appointments in the Regular Army authorized by the first paragraph of section one of this act, shall be for the period of the emergency, unless sooner terminated by discharge or otherwise. The President is hereby authorized to discharge any officer from the office held by him under such appointment for any cause which, in the judgment of the President, would promote the public service; and the general commanding any division and higher tactical organization or territorial department is authorized to appoint from time to time military boards of not less than three nor more than five officers of the forces herein provided for to examine into and report upon the capacity, qualification, conduct, and efficiency of any commissioned officer within his command other than officers of the Regular Army holding permanent or provisional commissions therein. Each member of such board shall be superior in rank to the officer whose qualifications are to be inquired into, and if the report of such board be adverse to the continuance of any such officer and be approved by the President, such officer shall be discharged from the service at the discretion of the President with one month's pay and allowances.-Sec. 9, act of May 18, 1917 (40 Stat., 82).

FUEL, FORAGE, ETC., IN KIND.

484. Authority for.-Fuel * * * and forage may be furnished in kind to officers by the Quartermaster's Department according to law and regulations. Sec. 1270, R. S., as amended by act of Feb. 27, 1877 (19 Stat., 243).

485. Forage. Forage in kind may be furnished to the officers of the Army by the Quartermaster's Department, only for horses owned and actually kept by such officers in the performance of their official military duties when on duty with troops in the field or at such military posts west of the Mississippi River, as may be from time to time designated by the Secretary of War, and not otherwise as follows: To the general, five horses; to the lieutenant general, four horses; to a major general, three horses; to a brigadier general, three horses; to a colonel, two horses; to a lieutenant colonel, two horses; to a major, two horses; to a captain (mounted), two horses; to a lieutenant (mounted), two horses; to an adjutant, two horses; to a regimental quartermaster, two horses.-Sec. 8, act of June 18, 1878 (20 Stat., 150).

486. Forage; restriction governing.-Forage shall be allowed to officers only for horses authorized by law and actually kept by them in service when on duty and at the place where they are on duty.-Sec. 1272, R. S.

487. Forage; no discrimination against officers serving east of the Mississippi River. There shall be no discrimination in the issue of forage against officers serving east of the Mississippi River provided they are required by law to be mounted and actually keep and own their animals.-Act of June 30, 1882 (22 Stat., 119).