117. Additional officers.-Officers now carried as additional numbers shall be included in the numbers provided for by this Act, and, after June 30, 1920, shall no longer be additional, and any officer hereafter appointed, under the provisions of law, to a grade in which no vacancy exists, shall be an additional number in that grade until absorbed, and no longer. Par. 2, sec. 127a, added to the act of July 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); 10 U. S. C. 494.

118. Appointment of officers; oath of office. That section seventeen hundred and fifty-six of the Revised Statutes be, and the same is hereby, repealed; and hereafter the oath to be taken by any person elected or appointed to any office of honor or profit, either in the civil, military, or naval service, except the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular subordinate offices and employments. Sec. 2, act of May 13, 1884 (23 Stat. 22); 5 U. S. C. 16. Whenever any person

he shall, before

the fol

is elected or appointed to any office of honor or trust under the Government of the United States, entering upon the duties of his office, take and subscribe lowing oath: "I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." R. S. 1757; 5 U. S. C. 16.

The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six, or of section seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, department, or court to which the office in respect to which the oath is made may appertain. R. S. 1759; 5 U. S. C. 21.

119. Appointment of general officers.* Provided, That major generals of the line shall be appointed from officers of the grade of brigadier general of the line, and brigadier generals of the line shall be appointed from officers of the grade of colonel of the line whose names are borne on an eligible list prepared annually by a board of not less than five general officers of the line, not below the grade of major general: Provided further, That the first board convened after the passage of this Act may place upon such eligible list any officer of the line of not less than twenty-two years' commissioned service. Sec. 4, act of June 3, 1916 (39 Stat. 167); sec. 4, act of June 4, 1920 (41 Stat. 760); 10 U. S. C. 551.

*

120. Appointment of chiefs of branches and assistants.* Except as otherwise herein prescribed, chiefs and assistants to the chiefs of the several branches shall hereafter be appointed by the President, by and with the advice and consent of the Senate, for a period of four years, and such appointments shall not create vacancies. Appointment as chief of any branch shall be made from among officers commissioned in grades not below that of colonel, and as assistant from among officers of not less than fifteen years' commissioned service, who have demonstrated by actual and extended service in such branch or on similar duty that they are qualified for such appointment: Provided, That the chiefs of the several branches shall make recommendations to the Secretary of War for the appointment of their assistants: Provided further, That in making the first appointment to any such office created by this Act, the chief of a branch may be selected from among officers of not less than twenty-two years' com

act of June 4, 1920 (41 Stat. 762); 10 U. S. C. 6.

For specific provisions as to appointment of Chief of the Air Corps, Chief of the Bureau of Insular Affairs (now abolished), Chief of the National Guard Bureau, and Chief of Chaplains, see 31, 88, 90, 93, ante, respectively.

The method of appointment of chiefs and assistant chiefs of branches was not changed by sec. 4, Army promotion act of July 31, 1935 (49 Stat. 506).

Notes of Decisions

End of term. There is no reason for ques- quently nominated to and confirmed by the tioning the long-continued interpretation of Senate and again appointed and commisthis section that the terms of chiefs of sioned, run for four years from date of the branches first appointed and commissioned recess appointment. (1933) 37 Op. Atty. during a recess of the Senate and subse- | Gen. 282.

121. Appointments in grade of second lieutenant.-Except as otherwise herein provided, appointments shall be made in the grade of second lieutenant, first, from graduates of the United States Military Academy; second from warrant officers and enlisted men of the Regular Army between the ages of twenty-one and thirty years, who have had at least two years' service; and, third, from reserve officers, and from officers, warrant officers, and enlisted men of the National Guard, members of the Enlisted Reserve Corps, and graduates of technical institutions approved by the Secretary of War, all between the ages of twenty-one and thirty years. * * Sec. 24e, added to the act of June 3,

*

1916, by sec. 24, act of June 4, 1920 (41 Stat. 774); 10 U. S. C. 484.

For further appointments in the grade of second lieutenant, see 7, ante. Appointments subsequent to July 1, 1937, are limited to citizens of the United States by 566a, post.

122. Appointments from graduated cadets.-That when any cadet of the United States Military Academy has gone through all its classes and received a regular diploma from the academic staff, he may be promoted and commissioned as a second lieutenant to any arm or corps of the Army in which there may be a vacancy and the duties of which he may have been judged competent to perform; and in case there shall not at the time be a vacancy in such arm or corps, he may, at the discretion of the President, be promoted and commissioned in it as an additional second lieutenant, with the usual pay and allowances of a second lieutenant, until a vacancy shall happen. Act of May 17, 1886 (24 Stat. 50); 10 U. S. C. 486.

123. Appointments from cadets discharged for deficiency.-No cadet who is reported as deficient, in either conduct or studies, and recommended to be discharged from the academy shall, unless upon recommendation of the academic board, be * ** appointed to any place in the Army before his class shall have left the academy and received their commissions. R. S. 1325; 10 U. S. C. 1104.

*

124. Provisional appointments discontinued. All laws providing that certain appointments of officers shall be provisional for a period of time are hereby repealed. Sec. 23, act of June 3, 1916 (39 Stat. 181); sec. 23, act of June 4, 1920 (41 Stat. 771).

125. Appointments in Air Corps.-* * Provided further, That no person otherwise qualified for service as a cadet, pilot, military aviator, or other officer in the aviation service, shall be barred from such service by reason of not being equipped with a college education. Chap. I, act of July 9, 1918 (40 Stat. 849); 10 U. S. C. 293.

* * *

126. Appointments in Judge Advocate General's Department.Any vacancy in the grade of captain in the Judge Advocate General's Department,

not filled by transfer or detail from another branch, may, in the discretion of the President, be filled by appointment from reserve judge advocates between the ages of thirty and thirty-six years, and such appointee shall be placed upon the promotion list immediately below the junior captain on said list. Sec. 24e, added to the act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 774); 10 U. 8. C. 64.

In regard to the promotion list, see 283, post.

*

* * *

127. Appointments in Medical Department.-* Appointments in the Medical and Dental Corps shall be made in the grade of first lieutenant from reserve medical and dental officers, respectively, between the ages of twentythree and thirty-two years; in the Veterinary Corps in the grade of first lieutenant from reserve veterinary officers between the ages of twenty-three and thirty-two years; and in the Medical Administrative Corps in the grade of second lieutenant from pharmacists between the ages of twenty-one and thirtytwo years who are graduates of recognized schools or colleges of pharmacy requiring four years of instruction for graduation, under such regulations and after such examination as the Secretary of War shall prescribe; And provided further, That the number of such pharmacists in the Medical Administrative Corps shall not exceed sixteen. To be eligible for appointment in the Dental Corps, a candidate must be a graduate of a recognized dental college, and have been engaged in the practice of his profession for at least two years subsequent to graduation. Sec. 24e, added to act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 774); sec. 4, Army promotion act of July 31, 1935 (49 Stat. 307); act of June 24, 1936 (49 Stat. 1902); 10 U. S. C. 92, 122, 123, 151, 552b.

Requirements of section 4, act of April 23, 1908 (35 Stat. 67); 10 U. S. C. 93, and act of October 6, 1917 (40 Stat. 397); 10 U. S. C. 125, as to examination of candidates for appointment are omitted as superseded by the above section.

Examination and approval by an Army medical board were required for appointment as assistant surgeon, and also for appointment as surgeon after five years' service as assistant surgeon, by R. S. 1172.

Sec. 10, act of June 3, 1916 (39 Stat. 171), required persons commissioned in the Medical Corps to be citizens between 22 and 30 years of age; the act of Aug. 29, 1916 (39 Stat. 640), repealed so much of this act as related to the appointment of first lieutenants in the Medical Department and provided that the maximum age for appointment of first lieutenants should be 32 years.

A proviso of sec. 7, act of Apr. 23, 1908 (35 Stat. 68), permitted the appointment of any contract surgeon not over 27 years of age in the Regular Army. Sec. 10 of the act of June 3, 1916, as amended by sec. 1, Chap XVII, act of July 9, 1918 (40 Stat. 889), provided for the appointment of a reserve officer or a contract surgeon who had been on active duty for 12 years subsequent to 1898 as first lieutenant in the Medical Corps. The last-named act was expressly repealed by sec. 10, act of June 4, 1920 (41 Stat. 767), and the provision of the act of Apr. 23, 1908, appears to have been repealed by implication.

The act of June 7, 1924, regulating the practice of dentistry in the District of Columbia, does not, by sec. 23 thereof, apply "to a dental surgeon of the United States Army, in the discharge of his official duties, * See 310f, post.

128. Appointment of chaplains.-"

*

**

That no person in civil life shall hereafter be appointed a * * * chaplain until he shall have passed satisfactorily such examination as to his moral, mental, and physical qualifications as may be prescribed by the President: * * Sec. 7, act of Mar. 2, 1899 (30 Stat. 979); 10 U. S. C. 232.

Appointments as chaplains shall be made from among persons duly accredited by some religious denomination or organization, and of good standing therein, between the ages of twenty-three and forty-five years. ** * * Sec. 24e, added to the act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 774); 10 C. 8. C. 231.

129. Appointment and removal; members of the Army Nurse Corps.-That the superintendent shall be appointed by, and, at his discretion, be removed by, the Secretary of War; that all other members of said corps shall be appointed by, and, at his discretion, be removed by, the Surgeon General, by and with the approval of the Secretary of War; but the assistant superintendents, the directors, the assistant directors, and the chief nurses shall be appointed by promotion from other members of the corps, and shall, upon being relieved from duty as such, unless removed for incompetency or misconduct, revert to the grades in the corps from which they were promoted. Sec. 3, Chap. V, act of July 9, 1918 (40 Stat. 879); 10 U. S. C. 162.

*

130. Appointment of warrant officers.Appointments shall be made by the Secretary of War from among noncommissioned officers who have had at least ten years' enlisted service; enlisted men who served as officers of the Army at some time between April 6, 1917, and November 11, 1918, and whose total service in the Army, enlisted and commissioned, amounts to five years; persons serving or who have served as Army field clerks or field clerks, Quartermaster Corps; and, in the case of those who are to be assigned to duty as band leaders, from among persons who served as Army band leaders at some time between April 6, 1917, and November 11, 1918, or enlisted men possessing suitable qualifications. Sec. 4a, added to act of June 3, 1916, by sec. 4,

* * *

act of June 4, 1920 (41 Stat. 761); 10 U. S. C. 591.

That hereafter Army field clerks and field clerks, Quartermaster Corps, now in active service, shall have the rank, pay, allowances, retirement privileges, and benefits of warrant officers, other than those of the Army Mine Planter Service, and the Secretary of War is hereby authorized and directed to appoint them warrant officers of the Regular Army: Provided, That in determining length of service for longevity pay and retirement they shall be credited with and entitled to count the same military service as now authorized for warrant officers, including service as Army field clerks and field clerks, Quartermaster Corps, and all classified field service rendered as headquarters clerks and clerks of the Quartermaster Corps: Provided further, That the limitation in the act of June 30, 1922, on the number of warrant officers, United States Army, shall not apply to the appointees hereunder. Act of Apr. 27, 1926 (44 Stat. 328); 10 U. S. C. 595. That the Secretary of War is authorized to appoint as warrant officers of the Regular Army any persons whose commissioned service in the Army during the World War, added to their prior service as quartermaster clerk, amounted to twelve years or more of continuous service prior to June 4, 1920, and who were deemed not eligible for appointment as field clerks, Quartermaster Corps, because of the interruption of their twelve years' requisite service as quartermaster clerks to render commissioned service in the World War, and who also had sufficient military service under the provisions of section 4a of the Act of June 4, 1920, for appointment as warrant officers, but were not eligible for such appointment by reason of having returned to a civilian status at the end of their said commissioned service: Provided, That in determining length of service for longevity pay and retirement they shall be credited with and entitled to count the same military service as authorized for warrant officers and all classified service rendered as clerks of the Quartermaster Department and Quartermaster Corps: Provided further, That the limitation in the Act of June 30, 1922, on the number of warrant officers, United States Army, shall not apply to appointees hereunder. Act of March 4, 1927 (44 Stat. 1416); 10 U. S. C. 596.

That the Secretary of War be, and he hereby is, authorized and directed to appoint as warrant officers of the Regular Army any persons whose commissioned service in the Army during the World War, added to their service as

quartermaster clerk, amounted to twelve years or more of service prior to June 4, 1920, and who were not eligible for appointment as field clerks, Quartermaster Corps, under the provisions of the Act of August 29, 1916, because of the interruption of their twelve years' requisite service as quartermaster clerks to render commissioned service in the World War: Provided, That for the purposes of this act, the period of commissioned service during the World War prior to June 4, 1920, be deemed equivalent to a like period of detached service away from permanent station or duty beyond the continental limits of the United States: Provided further, That in determining length of service for longevity pay and retirement they shall be credited with and entitled to count the same military service as authorized for warrant officers, and all classified service rendered as clerks in the military establishment: Provided further, That the limitation in the Act of June 30, 1922, on the number of warrant officers, United States Army, shall not apply to the appointees hereunder. Act of May 23, 1928 (45 Stat. 718); 10 U. S. C. 596.

The matter preceding the last two provisos of the third and fourth paragraphs of this section appears to have been fully executed and was properly omitted from the United States Code.

131. For text of this section as published in the 1929 Edition, see 29, ante. 132. Appointment of contract surgeons.* Provided further, 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. Sec. 2, act of May 12, 1898 (30 Stat. 406); sec. 18, act of Feb. 2, 1901 (31 Stat. 752) ; 10 U. S. C. 107.

This provision superseded a previous provision limiting the number of contract surgeons to be employed to 75 made by sec. 4, act of June 23, 1874 (18 Stat. 245). A provision for compensation is omitted as superseded by 1378, post.

133. Appointment of field clerks discontinued.—* * * Hereafter no appointments as Army field clerks or field clerks, Quartermaster Corps, shall be made. * Sec. 4a, added to the act of June 3, 1916, by sec. 4, act of

June 4, 1920 (41 Stat. 761); 10 U. S. C. 662.

Prior to the enactment of the act of July 11, 1919, the rights of Army field clerks were defined by the act of Aug. 29, 1916 (39 Stat. 625), as follows: "Hereafter headquarters clerks shall be known as Army field clerks and shall receive pay at the rates herein provided, and after twelve years of service, at least three years of which shall have been on detached duty away from permanent station, or on duty beyond the continental limits of the United States, or both, shall receive the same allowances, except retirement, as heretofore allowed by law to pay clerks, Quartermaster Corps, and shall be subject to the rules and articles of war."

Additional pay for foreign service was abolished by 1416, post.

That the former Army field clerks, now warrant officers, shall have the rank, pay, and allowances of the latter, see 130, ante.

The compilers of the United States Code have not followed the recommendation of the War Department that this section be omitted as superfluous, in view of the fact that prior laws authorizing appointment of field clerks do not appear in the Code.

134. Assignment to branches.-Officers and enlisted men shall be assigned to the several branches of the Army as hereafter directed, a suitable proportion of each grade in each branch, but the President may increase or diminish the number of officers or enlisted men assigned to any branch by not more than a total of 15 per centum: Provided, That the total number authorized in any grade by this act is not exceeded: Provided further, That the number of enlisted men herein authorized for any branch shall include such number of Philippine Scouts as may be organized in that branch: Provided further, That no officer shall be transferred from one branch of the service to another under the provisions of this section without his own consent. Sec. 4c, added to the