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Provided, That when the owner of such land or rights pertaining thereto shall fix a price for the same, which, in the opinion of the Secretary of War, shall be reasonable, he may purchase the same at such price without further delay. Act of Aug. 18, 1890 (26 Stat. 316).

803. Same-Barracks and quarters-Hereafter in acquiring sites for fortifications it shall be the duty of the Secretary of War, in every case of such acquirement, to purchase or otherwise procure at the same time, under this and future appropriations for this purpose, sufficient land for necessary barracks and quarters for the artillery troops required in connection with each of such fortifications; but no part of the money appropriated for military posts shall be used for the purchase of any land except as herein specifically provided. Act of Apr. 28, 1904 (33 Stat. 497).

804. Same-Donations.-The Secretary of War is hereby authorized to accept on behalf of the United States donations of lands or rights pertaining thereto required for the above-mentioned puroses. Act of Aug. 18, 1890 (26 Stat. 316).

805. Temporary forts-Emergency.-In case of emergency when, in the opinion of the President, the immediate erection of any temporary fort or fortification is deemed important and urgent, such temporary fort or fortification may be constructed upon the written consent of the owner of the land upon which such work is to be placed; and the requirements of section three hundred and fifty-five' of the Revised Statutes shall not be applicable in such cases. Joint resolution No. 21, of Apr. 11, 1898 (30 Stat. 737).

806. Work by contract or otherwise.-It shall be the duty of the Secretary of War to apply the money herein appropriated under the heading "Fortifications and other works of defense," in carrying on the various works, by contract or otherwise, as may be most economical and advantageous to the Government. Where said works are done by contract, such contract shall be made after sufficient public advertisement for proposals, in such manner and form as the Secretary of War shall prescribe; and such contracts shall be made with the lowest responsible bidders, accompanied by such securities as the Secretary of War shall require, conditioned for the faithful prosecution and completion of the work according to such contract. Act of Apr. 21, 1904 (33 Stat. 234).

807. Disbursements.-It shall be the duty of the engineer superin. tending the construction of a fortification, or engaged about the execution of any other public work, to disburse the moneys applicable to the same; but no compensation shall be allowed him for such disbursements.2 Sec. 1153, R. S.

1 See par. 258, ante.

2

As to the relation between constructing engineers and post commanders, see pars. 1503-1505, A. R., 1913, and G. O. No. 2, War Dept., 1914.

808. Same-Settlement of accounts by disbursing officers-Not by transfer settlement.-Hereafter in the settlement of transactions between appropriations under the Engineer Department, or between the Engineer Department and another office or bureau of the War Department, or of any other executive department of the Government, payment therefor shall be made by the proper disbursing officer of the Corps of Engineers or of the office, bureau, or department concerned. Act of Apr. 27, 1914 (38 Stat. 369).

HISTORICAL NOTE.

Legislative provision for the services of engineer officers with the Revolutionary armies was made at a relatively early stage in the progress of the war by a resolution of Congress of June 16, 1775, which authorized the employment of engineer officers at the headquarters of the Army and in the several departments. Col. R. Gridley was appointed Chief Engineer by General Washington, and his services were recognized and continued in that capacity by a resolution of Congress dated January 16, 1776. The difficulty of obtaining trained engineers in the Continental establishment made it necessary to secure such services abroad, and the action of the American commissioners in Paris, in employing several members of the French corps of engineers, was approved by Congress in a resolution dated July 8, 1777. A corps of engineers was subsequently established by the resolution of March 11, 1779, and M. Duportail, an officer of the Royal Engineers of France, was placed at its head, with the rank of brigadier general. This corps continued in service until the close of the war, not having been disbanded until November, 1783.

A Corps of Artillerists and Engineers was established by the act of May 9, 1784 (1 Stat. 366). This organization was required to be "completed" by the act of March 3, 1795 (id., 430), and an additional regiment of artillerists and engineers was added to the establishment by the act of April 27, 1798 (id., 552). The seventeenth and eighteenth sections of the act of March 3, 1799 (id., 755), passed in contemplation of war with France, authorized the appointment of two engineers "distinct from the Corps of Artillerists and Engineers," with the rank and pay of lieutenant colonels, and conferred power upon the President, in his discretion, to appoint an inspector of fortifications, who was to have the rank of major and was to be selected from the artillerists and engineers or from civil life. If he was appointed from the existing corps, he was to retain his office and was to rise "therein in the same manner as if he had never been appointed to the said office of inspector."

The functions of the artillerists and engineers were dissociated by the act of March 6, 1802 (2 id., 132), which created a regiment of Artillery and authorized the President to organize and establish a Corps of Engineers to consist of one major, two captains, two first lieutenants, two second lieutenants, and ten cadets; provision was made in the same enactment for the gradual expansion of the corps by a clause conferring authority upon the President to make promotions" without regard to rank" until the corps should consist of one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, and four second lieutenants. By the act of April 29, 1812 (2 id., 720), two captains, two first lieutenants, two second lieutenants, "to be taken from the subaltern officer of engineers," and one paymaster and a company of bombardiers, sappers, and miners were added to the existing establishment. The composition of this corps was not changed by the acts of March 3, 1815 (3 id., 224), and April 4, 1818 (id., 426), for the reduction and reorganization of the staff, nor was its organization modified at the general reduction of March 2, 1821 (id., 615).

By section 2 of the act of July 5, 1838 (5 Stat. 256), a Corps of Topographical Engineers was established, and the President was authorized to increase the Corps of Engineers by the addition of one lieutenant colonel, two majors, six captains, six first lieutenants, and six second lieutenants, and the pay of engineer officers was fixed at the rates established by law for officers of dragoons. By section 3 of the act of July 5, 1838, the paymaster authorized by the act of April 12, 1808, was transferred to the Pay Department. A second company of engineer soldiers was added to the corps by section 4 of the act of May 15, 1846 (9 id., 12). By the act of March 3, 1851 (id., 62), the President was authorized to employ officers of engineers on lighthouse duty, and by section 8 of the act of August 31, 1852

(10 id., 119), officers of the corps were required to be attached to the Lighthouse Board as member and engineer secretary, respectively. By section 9 of the act of March 3, 1853 (id., 119), lieutenants of engineers, after fourteen years' continuous service, were to be entitled to the pay and allowances of captains. By section 3 of the act of August 5, 1861 (12 id., 287), three first lieutenants and three second lieutenants were added, and the organization of three additional companies of engineer soldiers was authorized by the act of August 6, 1861 (id., 317); two lieutenant colonels and four majors were added to the strength of the corps "by regular promotion." The Corps of Topographical Engineers was discontinued by the act of March 3, 1863 (id., 743), and its officers were merged in the Corps of Engineers. Examinations were also required, in all grades below that of field officer, as a condition precedent to promotion. The composition of the corps was fixed, by the same enactment, at one brigadier general, four colonels, ten lieutenant colonels, twenty majors, thirty captains, thirty first lieutenants, and ten second lieutenants. By section 19 of the act of July 28, 1866 (14 id., 333), the strength of the corps was fixed at one brigadier general, six colonels, twelve lieutenant colonels, twenty four majors, thirty captains, twenty-six first lieutenants, and ten second lieutenants. By section 6 of the act of March 3, 1869 (15 id.. 318), appointments and promotions in the several departments of the staff were suspended until otherwise directed by Congress. This requirement was removed, however, as to all officers below the grade of brigadier general by the act of June 10, 1872 (17 id., 382), and repealed as to the Chief of Engineers by the act of June 30, 1879 (21 id., 45). By the act of July 5, 1898 (30 id., 652), the strength of the Corps of Engineers was fixed at one brigadier general, seven colonels, fourteen lieutenant colonels, twenty-eight majors, thirty-five captains, thirty first lieutenants, and twelve second lieutenants.

By section 22 of the act of February 2, 1901 (31 Stat. 754), the strength of the department was fixed at one Chief of Engineers with the rank of brigadier general, seven colonels, fourteen lieutenant colonels, twenty-eight majors, forty captains, forty first lieutenants, and thirty second lieutenants. The enlisted force was also increased by the addition of two battalions of engineer troops. It was also provided that the troops of the three engineer battalions and the officers of Engineers assigned to duty therewith should constitute a part of the line of the Army.

By the act of April 23, 1904 (33 Stat. 263), the strength of the corps was fixed at one Chief of Engineers with the rank of brigadier general, ten colonels, sixteen lieutenant colonels, thirty-two majors, forty-three captains, forty-three first lieutenants, and forty-three second lieutenants. By section 5 of the act of February 27, 1911 (36 Stat. 957), the corps was increased by five colonels, six lieutenant colonels, nineteen majors, seventeen captains, and thirteen first lieutenants the increase to be extended over a period of five years as nearly as practicable.

The Corps of Topographical Engineers.-The act of March 3, 1813 (2 Stat. 819), authorized the appointment of eight topographical engineers with the rank of major of cavalry and eight assistants with the rank of captain of infantry; but this force was reduced to two majors by the act of March 3, 1815 (id., 224). By the act of April 24, 1816 (id., 297), three majors and two assistants with the rank of captain were authorized for each division of the Army. On July 2, 1818, these officers were merged, by general orders, in the Corps of Engineers. In August, 1818, a topographical bureau was established in the War Department, the duties of the bureau being performed by officers detailed from the line. By the act of April 30, 1824 (4 id., 22), civil assistants were authorized to be employed, and on June 21, 1831, the Topographical Bureau was formally constituted, in general orders, as a separate office of the War Department.

The Corps of Topographical Engineers eo nomine was established by section 4 of the act of July 5, 1838 (5 Stat. 256) to consist of one colonel, one lieutenant colonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants, who were to be appointed by selection from the Corps of Engineers, from the line of the Army, and from the civil engineers authorized by the act of April 30, 1824. The corps as thus constituted was increased by section 2 of the act of August 5, 1861 (12 id., 287), by the addition of three first lieutenants and three second lieutenants, and, by the act of August 6, 1861 (id., 317), by the addition of two lieutenant colonels, four majors, and one company of engineer soldiers. The corps was discontinued by the act of March 3, 1863 (12 Stat. 743), its officers being merged in the Corps of Engineers.

CHAPTER XXI.

THE ORDNANCE DEPARTMENT-ARMORIES AND ARSENALS-BOARD OF ORDNANCE AND FORTIFICATION.

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809. Organization.-The Ordnance Department shall consist of one chief of ordnance with the rank of brigadier-general; six colonels, nine lieutenant-colonels, nineteen majors, twenty-five captains, twenty-five first lieutenants, and the enlisted men, including ordnance-sergeants, as now authorized by law. Act of June 25, 1906 (34 Stat. 455).

810. Promotions-Examinations.-No

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promotion in said department shall hereafter be made until the officer or person so promoted shall have passed a satisfactory examination before a board of ordnance officers senior to himself.1 Sec. 5, Act of June 23, 1874 (18 Stat. 245).

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811. Same-Seniority. So long as there remain any officers holding permanent appointment in the Ordnance Department they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which officers so promoted shall hold their appointments. Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755).

812. Details. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion as provided for in this section, it shall be filled by detail from the line of the Army. Id.

813. Same-Term.-All officers so detailed shall serve for a period of four years, at the end of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they have served two years with the line. Id.

1

1Vacancies which may hereafter occur are required to be filled in accordance with the system of details prescribed in section 26 of the act of February 2, 1901. See, in this connection, the title Details to the Staff in the chapter entitled The Staff Departments.

2

Examinations for promotions in this department are now regulated by the acts of June 23, 1874 (18 Stat. 245); October 1, 1890 (26 Id., 562); and July 27, 1892 (27 id., 276).

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