365a. Details of officers, except general officers, to be made on recommendation of board of officers.-No officer shall be detailed as a member of the General Staff Corps, other than the Chief of Staff and the general officers herein provided for as assistants to the Chief of Staff, except upon the recommendation of a board of five officers not below the rank of colonel, who shall be selected by the President or the Secretary of War, and neither the Chief of Staff nor more than two other members of the General Staff Corps, nor any officer not a member of said corps, who shall have been stationed or employed on any duty in or near the District of Columbia within one year prior to the date of convening of any such board, shall be detailed as a member thereof. No recommendation made by any such board shall, for more than one year after the making of such recommendation or at any time after the convening of another such board, unless again recommended by the new board, be valid as a basis for the detail of any officer as a member of the General Staff Corps; and no alteration whatever shall be made in any report or recommendation of any such board, either with or without the con

sent of members thereof, after the board shall have submitted such report or recommendation and shall have adjourned sine die.1 Sec. 5, act of June 3, 1916 (39 Stat. 168).

(See paragraphs 366a, 369a, 369b for the provisions of this section preceding this paragraph.)

365b. Promotion of officer while serving detail in General Staff Corps or other staff departments, status of.—If any officer detailed in the General Staff Corps, or as an officer of any staff corps or department of the Army, shall be promoted to the next higher grade while so serving he may be permitted to serve out the period of his detail, and the number of officers in the organization in which he shall be serving and in the grade to which he shall have been promoted shall be increased by one for such time as he shall be an additional number in said organization and grade; but the whole number of officers detailed to said organization shall at no time exceed the aggregate of the numbers allowed to the several grades thereof by law other than this proviso. Id. 169.

(See paragraphs 366a, 369a, 365a, 365b, 370a, 370b, and 370c for the provisions of sec. 5 preceding this paragraph.)

366a. General Staff Corps, composition of.-The General Staff Corps shall consist of one Chief of Staff, detailed in time of peace from major generals of the line; two assistants to the Chief of Staff, who shall be general officers of the line, one of whom, not above the grade of brigadier general, shall be the president of the Army War College; ten colonels; ten lieutenant colonels; fifteen majors; and seventeen captains, to be detailed from corresponding grades in the Army, as in this section hereinafter provided. All officers detailed in the General Staff Corps shall be detailed therein for periods of four years, unless sooner relieved. While serving in the General Staff Corps officers may be temporarily assigned to duty with any branch of the Army. Upon being relieved from duty in the General Staff Corps officers shall return to the branch of the Army in which they hold permanent commissions, and no officer shall be eligible to a further detail in the General Staff Corps until he shall have served two years with the branch of the Army in which commissioned, except in time of actual or threatened hostilities. Section twenty-seven of the Act of Congress approved February second, nineteen hundred and one, shall apply to each position vacated by officers below the grade of general officer detailed in the General Staff Corps. Id. 167.

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1 Held, that the service of officers on a board sitting in the District of Columbia which was found after the completion of its report to be illegal was not service in the District within the prohibition of the Act, and that they were not therefore by reason of such service ineligible for service on a new board. (War Dept. Bull. 18, July 8, 1916.)

369a. Same-Assignment to duty in the District of Columbia.Not more than one-half of all of the officers detailed in said corps shall at any time be stationed, or assigned to or employed upon any duty, in or near the District of Columbia.1 (Id., 167.)

369b. Employment restricted to study of military problems, etc.— All officers detailed in said corps shall be exclusively employed in the study of military problems, the preparation of plans for the national defense and the utilization of the military forces in time of war, in investigating and reporting upon the efficiency and state of preparedness of such forces for service in peace or war, or on appropriate General Staff duties in connection with troops, including the National Guard, or as military attachés in foreign countries, or on other duties, not of an administrative nature, on which they can be lawfully and properly employed. Id.

(See paragraph 366a for the provision of section 5 preceding this paragraph.) 369c. Same-Supervision over War College; details and assignments to duty in.-The War College shall remain fully subject to the supervising, coordinating, and informing powers conferred by law upon members of the General Staff Corps, and officers for duty as instructors or students in or as attachés of said college may be selected and detailed freely from among members of said corps, but any officer so selected and detailed other than one director shall thereupon cease to be a member of said corps and shall not be eligible for redetail therein so long as he shall remain on said duty; and no officer on the active list of the Army shall, for more than thirty days in any calendar year, be attached to or assigned to duty in the War College in any capacity other than that of president, director, instructor, or student, or, unless a member of the General Staff Corps, be attached to or employed in the office of the Chief of Staff. Id. 168.

(See paragraph 365a for provision of section 5 preceding this paragraph.) 370a. Chief of Coast Artillery to be additional member of; certain organizations in office of Chief of Staff abolished and their duties transferred to other bureaus.-The organizations heretofore existing in or in connection with the office of the Chief of Staff under the

1Held, that as the law requires assignment of the officers, upon the approval of the Act, to some other station than one in or near the District of Columbia they could not retain station in Washington for any purpose; and that if not assigned to some other station than the one to which they are temporarily assigned for duty their right to receive commutation of quarters, heat, and light must depend on such temporary assignment. (War Dept. Bull. 18, July 8, 1916.)

Held, that general officers detailed to the General Staff Corps must be regarded as part of the one-half of the officers of the corps permitted to be assigned to or employed on duty in or near the District of Columbia. (War Dept. Bull. 28, Aug 18, 1916.)

designations of the mobile army division and the Coast Artillery division be, and they are hereby, abolished and shall not be reestablished. The business heretofore transacted in said division, except such as comes clearly within the general powers specified in and conferred upon members of the General Staff Corps by the organic Act of Congress approved February fourteenth, nineteen hundred and three,1 is hereby transferred as follows, to wit, to the office of the Chief of Coast Artillery, all business apportioned to that office by law or Army regulations at the time of the creation of the Coast Artillery division of the office of the Chief of Staff; to the office of The Adjutant General or other bureau or bureaus concerned, all other business; and, subject to the exercise of the supervising, coordinating, and informing powers conferred upon members of the General Staff Corps by the Act of Congress last hereinbefore cited, the business transferred by this proviso to certain bureaus or offices shall hereafter be transacted exclusively by or under the direction of the respective heads thereof; and the Chief of Coast Artillery shall be an additional member of the General Staff Corps and shall also be advisor to and informant of the Chief of Staff in respect to the business under his charge. Id.

(See paragraph 369b for provision of section 5 preceding this paragraph.) 370b. Duties limited to those specified in organic Act and in this section. Hereafter members of the General Staff Corps shall be confined strictly to the discharge of the duties of the general nature of those specified for them in this section and in the organic Act of Congress last hereinbefore cited, and they shall not be permitted to assume or engage in work of an administrative nature that pertains to established bureaus or offices of the War Department, or that, being assumed or engaged in by members of the General Staff Corps, would involve impairment of the responsibility or initiative of such bureaus or offices, or would cause injurious or unnecessary duplication of or delay in the work thereof. Id.

370c. Penalty imposed upon superior for permitting subordinate to violate provisions of this section.-All pay and allowances shall be forfeited by any superior for any period during which, by his order or his permission, or by reason of his neglect, any subordinate shall violate any of the foregoing provisions of this section. Id. 169.

1 See paragraph 368, ante, or 32 Stat. 831.

387a. Bonds may be waived in cases of officers of Quartermaster Corps who are not accountable for public funds or property.—Hereafter the provisions of section eleven hundred and ninety-one of the Revised Statutes of the United States may, in the discretion of the Secretary of War, be waived in the cases of officers of the Quartermaster Corps who are not accountable for public funds or public property. Act of Aug. 29, 1916 (39 Stat. 626).

417a. Funds for stores or material procured by one bureau of War Department for another, etc., repayment of.—Hereafter when one bureau of the War or Navy Departments procures by purchase or manufacture stores or material of any kind or performs any service for another bureau of such departments the funds of the bureau or department for which the stores or material are to be procured or the service performed may be placed subject to the requisition of the bureau or department making the procurement or performing the service for direct expenditure by it: Provided, That when the stores being procured are for current issue during the year stores of equal value may be issued from stock on hand in place of any of those aforesaid.1 Act of Mar. 4, 1915 (38 Stat. 1084).

'There is no general statute governing the transfer or sale of Government property from one department to another. However, see pars. 619 and 671, A. R., 1913, covering the transfer of War Department property, and page 907, Dig. Opin. J. A. G., 1912, and 17 Opin. Att. Gen., 480, to the effect that "the transfer of public property from one bureau or department to another is not regarded as a sale."

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