By sec. 2 of the act of Aug. 3, 1861 (12 id. 287), 5 majors were added to the department; by sec. 4 of the act of Aug. 6, 1861 (id. 318), 2 colonels were authorized; and provision for the inspection service of the armies in the field was made by sec. 10 of the act of July 17, 1862 (id. 299), which authorized the rank and pay of lieutenant colonel of Cavalry to be conferred upon the Inspector General of Army corps. By sec. 11 of the act of July 28, 1866 (14 id. 334), the composition of the department was fixed as follows: Four colonels, 3 lieutenant colonels, and 2 majors. Sec. 6 of the act of Mar. 3, 1869 (15 id. 318), contained the requirement that there should be no promotions or appointments in the staff until otherwise directed by law; by the acts of June 8, 1872 (17 id. 338), and June 16, 1874 (18 id. 77), promotions were authorized to correct inequalities in the rank of officers of the department. By the act of June 23, 1874 (id. 244), the restriction contained in the act of Mar. 3, 1869, was removed and the strength of the department fixed at 1 inspector general with the rank of colonel, 2 inspectors general with the rank of lieutenant colonel, and 2 inspectors general with the rapk of major; authority was also conferred for the detail of 4 officers from the line of the Army for service as assistant inspectors general, who were to receive the mounted pay of their grades, and no appointments were to be made to the grade of major until the number of officers in the department had been reduced to 5. By the act of Dec. 12, 1878 (20 id. 257), the rank of brigadier general was conferred upon the senior inspector general. (See (1881) 17 Op. Atty. Gen. 2.) By the act of Feb. 5, 1885 (22 id. 297), the composition of the department was fixed as follows: One inspector general (brigadier general), 2 colonels, 2 lieutenant colonels, and 2 majors. It was also provided that the inspector general should be selected from the officers of the corps, that promotions should be by seniority in the department, and that appointments to the grade of major should be made from the captains in the line of the Army. A temporary increase in the department was authorized by act July 7, 1898 (30 Stat. 720); and it was continued as then constituted by act Mar. 2, 1899, sec. 6 (30 Stat. 979). All these provisions were superseded by a provision in act Feb. 2, 1901, sec. 14 (31 Stat. 751), which was superseded by sec. 7, act of June 3, 1916 (39 Stat. 169), providing that the department should consist of 1 inspector general (brigadier general), 4 inspectors general with the rank of colonel, 8 inspectors general with the rank of lieutenant colonel, and 16 inspectors general with the rank of major. This act was in turn superseded by sec. 7, act

of June 4, 1920, post, 540.

Changes in the number of officers of certain grades in the department, to take effect on the occurrence of a vacancy in the grade of colonel, are provided for by a clause of act Mar. 2, 1901 (31 Stat. 899), which was also superseded by said sec. 7, act of June 3, 1916.

Appointments and promotions in the department, other than to fill vacancies provided for by this section, were regulated by sec. 26 of this act. Appointments from officers of volunteers to fill original vacancies in the department were authorized by a provision of act Mar. 2, 1901 (31 Stat. 900), omitted as temporary merely.

An expert accountant for the department was authorized by act Feb. 24, 1891 (26 Stat. 773).

540. Composition. The Inspector General's Department shall consist of one Inspector General with the rank of major general and sixty-one officers in grades from colonel to captain, inclusive. Sec. 7, act of June 3, 1916 (39 Stat. 169), amended by sec. 7, act of June 4, 1920 (41 Stat. 765).

541. Acting inspectors general.-*

*

and the Secretary of War may, in addition, detail officers of the line, not to exceed four, to act as assistant inspector-general: Provided, That officers of the line detailed as acting inspectors-general shall have all the allowances of Cavalry officers of their respective grades; Sec. 1, act of June 23, 1874 (18 Stat. 244).

*

Other provisions of this section were superseded by those of subsequent acts relating to the department. See historical note, ante. But see 2335, post.

542. Expert accountant.-For pay of expert accountant for the Inspector General's Department, $2,500. Act of June 5, 1920 (41 Stat. 956), making appropria tions for the support of the Army: Pay and so forth of the Army.

Similar provisions appear in previous appropriation acts.

Provided, That

543. Traveling expenses of the expert accountant.hereafter * * the expert accountant, Inspector General's Department, shall receive mileage at the same rates and under the same conditions as is provided by law for officers of the Army: Sec. 1, act of Aug. 24, 1912

(37 Stat. 575).

544. Inspection of disbursements.-That 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. Sec. 1, act of April 20, 1874 (18 Stat. 33).

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, act of April 20, 1874 (18 Stat. 33).

Provisions applicable to all the departments as to reports of expenditures by disbursing officers are contained in R. S., sec. 193, and act Mar. 3, 1877, sec. 1, ante, 270.

545. Inspection of the Soldiers' Home. That the Inspector General of the Army shall, in person, once in each year thoroughly inspect the 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).

546. Inspection of the National Home for Disabled Volunteer Soldiers.-That hereafter, once 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).

The office of Judge Advocate of the Army was created during the War of the Revolution, having been established by resolution of Congress of July 25, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 29 of the same year. In the reenactment of the articles, in 1776, this officer was styled the Judge Advocate General of the Army and was empowered to prosecute in the name of the United States or to conduct such prosecutions by deputy. The office of Judge Advocate ceased to exist at the disbandment of the Revolutionary Armies, but was revived by sec. 2 of the act of Mar. 3, 1797 (1 Stat. 507), which made provision for a judge advocate, to be taken from the commissioned officers of the line, who was to receive the same pay and allowances as the brigade major (adjutant) and inspector therein authorized. This office, with other offices in the General Staff, was discontinued by the act of Mar. 16, 1802 (2 id. 132). Sec. 19 of the act of 1812 (id. 674), passed in contemplation of war with England, made provision for one judge advocate, with the rank of major, to each division, and this number was increased to three by sec. 2 of the act of Apr. 24, 1816 (3 id. 397). At the reduction of 1818 these officers were disbanded (act of Apr. 14, 1818, 3 id. 426), and the office of Judge Advocate of the Army was discontinued by the act of Mar. 2, 1821 (id. 615).

By sec. 4 of the act of Mar. 3, 1849 (9 id. 351), the office of Judge Advocate of the Army was reestablished, with the rank and pay of major of Cavalry. By sec. 5 of the act of July 17, 1862 (12 id. 598), the office of Judge Advocate General was created, with the rank and pay of brigadier general; by this enactment the duties of the office were defined. By sec. 5 of the same statute provision was made for a corps of judge advocates, one of whom was to be assigned to duty at the headquarters of each army in the field. By sec. 5 of the act of June 20, 1864 (13 id. 145), the Bureau of Military Justice was established, to which the Judge Advocate General was transferred, and an Assistant Judge Advocate General, with the rank of colonel of Cavalry, was authorized. By sec. 12 of the act of July 28, 1866 (14 id. 334), the composition of the department was fixed at one Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), and 10 judge advocates were added to the military establishment, who were to be selected by the Secretary of War from the corps of judge advocates authorized by the act of July 17, 1862. By this statute the office of Solicitor of the War Department was discontinued, the duties of the office being merged in the Bureau of Military Justice. By sec. 3 of the act of Mar. 3, 1869 (15 Stat. 318), all appointments and promotions in the several departments of the staff were prohibited until otherwise directed by law; but this restriction was removed, as to the Bureau of Military Justice, by the act of Apr. 10, 1869 (16 id. 44), which fixed the number of Judge advocates at eight.

The Bureau of Military Justice and a corps of judge advocates were authorized by R. S. secs. 1094, 1198, 1200.

By sec. 2 of the act of June 23, 1874 (18 id. 244), the office of Assistant Judge Advocate General was discontinued, and it was provided that there should be no appointments to the grade of major until the number of officers of that grade had been reduced to four. By the act of July 5, 1884 (23 id. 113), the Bureau of Military Justice and the corps of judge advocates were consolidated and merged in the Judge Advocate Gen

eral's Department, the composition of which was fixed as follows: One Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), three deputy judge advocates general (lieutenant colonels), and three judge advocates (majors). Promotion to the grade of colonel was to be by seniority, and provision was made for the detail of officers of the line as judge advocates of military departments, who were to have, while so serving, the rank and pay of captains mounted.

By sec. 15 of the act of Feb. 2, 1901 (31 id. 751), the permanent strength of the department was fixed at one Judge Advocate General with the rank of brigadier general, two judge advocates with the rank of colonel, three judge advocates with the rank of lieutenant colonel, and six judge advocates with the rank of major. The system of details of officers of the grade of captain or first lieutenant to serve as acting judge advocates and, while so serving, to have the rank, pay, and allowances of captains mounted, as established by the act of July 5, 1884 (23 Stat. 113), was recognized and continued.

Majors in this department were to be appointed from officers of the line, from persons who had satisfactorily served as judge advocate of volunteers since Apr. 21, 1898, and from persons from civil life not over 35 years of age and required to pass an examination. That act may be regarded as superseded by sec. 24, act of June 4, 1920 (41 Stat. 771), post, 2279.

The provisions of sec. 7, act of Mar. 2, 1899 (30 Stat. 979), for appointments from civil life, on examination, etc., so far as applied to judge advocates, may be regarded as superseded by the said sec. 15. Appointments from officers of volunteers to fill original vacancies in this department were authorized by a provision of the act of Mar. 2, 1901 (31 Stat. 900), omitted as temporary.

By the act of Mar. 2, 1913 (37 Stat, 708), the number of majors was increased to seven. By sec. 8 of the national defense act of June 3, 1916 (39 Stat. 169), the permanent strength of the department was fixed at 1 Judge Advocate General with the rank of brigadier general, 4 judge advocates with the rank of colonel, 7 judge advocates with the rank of lieutenant coionel, and 20 judge advocates with the rank of major, with a provision for acting judge advocates for separate brigades and separate general courtmartial jurisdictions. The so-called " manchu" law (act of Aug. 24, 1912, 37 Stat. 571) was to apply in this department only to the acting judge advocates authorized by law. Said sec. 8 was stricken out by sec. 8 of the act of June 4, 1920 (41 Stat. 765-766), and replaced by 547, post.

By act of July 9, 1918 (40 Stat. 853), the President was authorized to appoint in the Officers' Reserve Corps and the National Army, for service in the Judge Advocate General's Department, officers of the grades of first lieutenant and captain for service during the World War.

547. Composition.-The Judge Advocate General's Department shall consist of one Judge Advocate General with the rank of major general and one hundred and fourteen officers in grades from colonel to captain, inclusive: Provided, That immediately upon the passage of this Act the number of colonels of the Judge Advocate General's Department shall be increased by five, and the vacancies thus created shall be filled by promotion in the manner heretofore provided by law. Sec. 8, act of June 3, 1916 (39 Stat. 169), as amended by sec. 8, act of June 4, 1920 (41 Stat. 765-766).

For general provision under which the Judge Advocate General first received the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 6, 1917, post, 2342. 548. Vacant.

549. Appointment of colonels and lieutenant-colonels.-* * Not less than three such persons shall be appointed to the grade of colonel in the Judge Advocate General's Department, and not less than eight to the grade of lieutenant colonel in the Judge Advocate General's Department, provided a sufficient number of applicants for such appointments are legally eligible and are found by the board provided for in this section to be properly qualified.

Sec. 24, act of June 3, 1916 (39 Stat. 183), as amended by sec, 24, act of June 4, 1920 (41 Stat. 771).

Sec. 24, above, provides for granting commissions in the Regular Army to officers holding emergency commissions.