militia target ranges, etc., and the extent of the United States and State jurisdiction over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the interpretations and effect of public contracts between the United States and individuals and corporations; upon the validity and disposition of the varied claims against the United States presented to the War Department, including injuries received by employees on public works under act of May 30, 1908 (35 Stat. 556); upon the execution of public works under appropriation by Congress; upon obstructions to navigation as caused by bridges, dams, locks, piers, harbor lines, etc., upon the riparian rights of the United States and of States and individuals on navigable waters, etc.; and the furnishing to other departments of the Government of statements and information apposite to claims therein pending; as to the application of the eight-hour law (act of Aug. 1, 1892, 27 Stat. 340), as amended by the act of Mar. 3, 1913 (37 Stat. 726), to the various classes of work, under the several bureaus of the War Department, including river and har bor improvements; rewards for the apprehension and delivery of deserters; and to furnish to individuals under the 111th Article of War copies of their records of trial by general courts-martial. The matter of the submitting to the Judge Advocate General of applications for opinions is regulated by paragraph 915, Army Regulations, 1913.

5524. Civilian force.-For additional employees in the Office of the Judge Advocate General, $25,000: Provided, That no person shall be employed hereunder at a rate of compensation exceeding $1,800 per annum. Act of Mar. 3, 1921 (41 Stat. 1277), making appropriations for legislative, executive, and judicial expenses: Office of Judge Advocate General.

The medical and surgical needs of the troops composing the Revolutionary armies were, at first, supplied by the surgeons who were attached to the several regimental organizations, and no provision seems to have been made for medical or surgical supervision, for the procurement and distribution of supplies, or for the establishment of a general hospital service until 1775, when, by a resolution of Congress dated July 27, 1775, the office of Director General was established, who was charged with the duties subsequently performed by the Purveyor General of Medical Supplies. The same enactment provided for a medical staff composed of 4 surgeons and 20 surgeon's mates, for an apothecary and 2 storekeepers, and for hospital attendance at the rate of 1 nurse for every 10 patients. Under the authority thus conferred several general hospitals were established at points conveniently near to the several theaters of military operations. The medical establishment thus created was modified by subsequent resolutions of Congress; the changes caused by the resolution of Apr. 22, 1777, being so extensive as to constitute a complete reorganization of the department. As thus modified, however, the department continued in existence until the disbandment of the Revolutionary armies in 1783. For the 10 years succeeding the organization of the Government under the Constitution the medical and surgical necessities of the troops were met by the medical officers attached to the several organizations constituting the Military Establishment.

The act of Mar. 2, 1799 (1 Stat. 721), passed in contemplation of a war with France, but which was never fully executed, made provision for a complete medical establishment consisting of a physician general, an apothecary general, and a purveyor, together

with such numbers of hospital surgeons and mates as the service might require, who were made liable to duty in the field as well as in the hospitals provided for in the statute. The act of Mar. 2, 1799, was repealed and a Medical Department established by sec. 3 of the act of Mar. 16, 1802 (2 Stat. 133), which fixed the strength of the department at 2 surgeons and 25 surgeon's mates, who were "to be attached to garrisons and posts, and not to corps." During the war of 1812 the necessities of the case were met by a temporary increase of the department and by the allowance of surgeons to regiments called into the service for the period of the war. By sec. 7 of the act of Mar. 3, 1813 (2 Stat. 819), a physician and Surgeon General was authorized, whose powers and duties were to be prescribed by the President of the United States. The office of apothecary general was created by the act of Apr. 24, 1816 (3 Stat. 297), but was abolished by the act of Mar. 3, 1821. The office of Surgeon General was created by sec. 2 of the act of Apr. 14, 1818 (3 Stat. 426).

At the general reduction of 1821 the Medical Department was reorganized and made to consist of 1 Surgeon General, 8 surgeons, and 45 assistant surgeons, by sec. 2, act of Mar. 2, 1821 (3 Stat. 615). By the act of June 28, 1832 (4 Stat. 500), 4 surgeons and 10 surgeon's mates were added. The act of June 30, 1834 (4 Stat. 714), contained a requirement that all candidates for appointment, or for promotion to the grade of surgeon, should pass a professional examination as a condition precedent to such appointment or promotion. By this enactment the pay of surgeons was fixed at that allowed to majors, assistant surgeons were to receive for the first five years' service the pay of first lieutenants, and after five years' service the pay of captains. The examination for promotion to the grade of surgeon was to take place after five years' service in the grade of assistant surgeon. By sec. 33 of the act of July 5, 1838 (5 Stat. 256), 7 additional surgeons were authorized, but by sec. 4 of the act of Aug. 23, 1842 (5 Stat. 512), a reduction of 2 surgeons and 10 assistant surgeons was ordered, the displaced officers being allowed three months' pay when honorably discharged.

At the outbreak of the War with Mexico, under authority conferred by sec. 6 of the act of Feb. 11, 1847 (9 Stat. 123), 2 surgeons and 12 assistant surgeons were added to the regular establishment, and regimental medical officers were authorized for the volunteer troops at the rate of 1 surgeon and 1 assistant surgeon to each regiment, their service being restricted to the period of the existing war. By the act of Mar. 3, 1849 (9 Stat. 351), 10 assistant surgeons were authorized, and the requirement of the act of July 19, 1848, prohibiting the filling of vacancies in the department was repealed. By the act of Aug. 16, 1850 (11 Stat. 51), 4 surgeons and 8 assistant surgeons were added to the establishment; the force of hospital stewards was increased to such number as the service might require, not to exceed 1 to each military post; and cooks and nurses, detailed from the enlisted men, were, for the first time, allowed extra-duty pay for service in post hospitals.

At the outbreak of the War of the Rebellion regimental medical officers were again authorized, 1 surgeon and 1 assistant being allowed to each regiment; by the act of July 2, 1862 (12 Stat. 502), an additional assistant was authorized. By sec. 3 of the act of July 22, 1861 (12 Stat. 269), 1 surgeon to each brigade was authorized, but by the act of July 2, 1862 (12 Stat. 502), these officers were merged in the corps of 40 surgeons and 120 assistant surgeons created by that statute for the period of the war.

By the act of June 21, 1861 (12 Stat. 378), 4 surgeons and 4 assistant surgeons were added to the department. By the act of Apr. 16, 1862 (12 Stat. 378), the rank of brigadier general was conferred upon the Surgeon General; the office of Assistant Surgeon General, with the rank and pay of colonel of Cavalry, was created and the addition of 10 surgeons and 20 assistant surgeons was authorized a corps of medical inspectors was created, consisting of 1 inspector general of hospitals (colonel) and 8 assistants (lieutenant colonels), whose duties were defined by law and who were to hold office during the continuance of the war. By the act of Dec. 27, 1862 (12 Stat. 633), 8 medical inspectors were added and authority was conferred upon these officers to discharge enlisted men for disability contracted in the military service. By this statute a corps of medical cadets was established which continued to exist until its gradual disbandment was brought about by the passage of the general act of reorganization in 1866. By the act of May 20, 1862 (12 Stat. 378), six medical storekeepers were authorized. By the act of Feb. 25, 1865 (13 Stat. 437), medical directors of armies in the field and of military departments were allowed the rank and pay of colonels, and those attached to Army corps the rank and pay of lieutenant colonels.

An ambulance service for the armies in the field was provided by the act of Mar. 11, 1864 (13 Stat. 20). It was composed of officers and enlisted men detailed from the several Army corps and was carried on under the direction of their respective medical directors. The duties of the corps were regulated by statute, and had to do, exclusively,

with the transportation of the sick and wounded and the removal of the wounded from the battle field. The corps ceased to exist at the disbandment of the volunteer armies in 1865.

At the general reorganization of 1866, by sec. 17, act of July 28, 1866 (14 Stat. 334), the strength of the department was fixed at 1 Surgeon General, 1 Assistant Surgeon General, 1 chief medical purveyor, and 4 assistant purveyors (lieutenant colonels), 60 surgeons (majors), 150 assistant surgeons, and 5 medical storekeepers; it was also provided that three years' service instead of five should be required of assistant surgeons before attaining the grade of captain. The act of Mar. 3, 1869 (15 Stat. 318), contained a requirement prohibiting appointments and promotions in the staff until otherwise ordered by Congress.

The Medical Department, authorized by R. S., sec. 1094, had its organization prescribed by R. S.. sec. 1168. The latter section was superseded by secs. 4, 7, and 8 act of June 23, 1874 (18 Stat. 244, 245), which made changes in the organization and in the grades and number of the officers thereof; but these provisions were also superseded by later enactments. By act June 26, 1876 (19 Stat. 61), other changes were made, reducing the number of assistant surgeons from 150, allowed by R. S., sec. 1168, and sec. 4, act of June 23, 1874, mentioned above, to 125, abolishing the office of medical storekeeper and establishing additional grades of surgeons, with the rank, pay, etc., of colonel and of lieutenant colonel. By act July 27, 1892, sec. 1 (27 Stat. 276), medical officers holding the rank of colonel were to have the grade of Assistant Surgeon General, and those holding the rank of lieutenant colonel were to have the grade of Deputy Surgeon General; which provisions, applying to the chief medical purveyor and assistant medical purveyors, with the rank of colonel and lieutenant colonel, respectively, authorized by R. S., sec. 1168, and sec. 4, act June 23, 1874, as well as to the surgeons with those ranks authorized by act June 26, 1876, mentioned above, changed the designation of those officers to Assistant Surgeon General and Deputy Surgeon General, respectively.

A further reduction of the number of assistant surgeons to 110 was provided for by act Aug. 6, 1894 (28 Stat. 235), and act Aug. 18, 1894 (28 Stat. 403). An addition of 15 to this number and the appointment of as many contract surgeons as might be necessary were authorized by act May 12, 1898 (30 Stat. 406). The department was continued as then constituted with a temporary increase of force for volunteer regiments by secs. 7 and 12, act of Mar. 2, 1899 (30 Stat. 979). All these provisions were superseded by sec. 18, act of Feb. 2, 1901 (31 Stat. 752). Said provisions were superseded

by those of act of Apr. 23, 1908 (35 Stat. 66), and parts of said act of Apr. 23, 1908, were in turn superseded by provisions of sec. 10, act of June 3, 1916 (39 Stat. 171), which section was stricken out by sec. 10, act of June 4, 1920 (41 Stat. 766-768).

Other provisions of said sec. 18 of act Feb. 2, 1901, and of previous acts relating to the rank, pay, and allowances of officers of the department were superseded by those of said act Apr. 23, 1908. Provisions which remain in force and applicable to the Medical Corps constituted by secs. 3, 4, and 5, act Apr. 23, 1908 (35 Stat. 67), are set forth, post, 561, 560, 559, note to 555.

Sec. 10. of the national defense act of June 3, 1916 (39 Stat. 171), provided that the Medical Department should consist of one Surgeon General with the rank of major general during the active service of the then incumbent, and thereafter with the rank of brigadier general, a Medical Corps, a Medical Reserve Corps, a Dental Corps, a Veterinary Corps, an enlisted force, the Nurse Corps and contract surgeons as then authorized by law. Sec. 37 of said act abolished the Medical Reserve Corps one year after the passage of said act. By sec. 3, act of Oct. 6, 1917, post, 2342, the Surgeon General was given the rank, pay, and allowances of a major general. This section was superseded by 553, post.

Sec. 10 of the act of June 4, 1920 (41 Stat. 766-768), amended sec. 10 of the national defense act of June 3, 1916 (39 Stat. 171), "by striking out the same and inserting the following in lieu thereof." Provision was not made in the amending act, however, for several matters covered by the earlier act which had been placed in sections in this chapter now marked Vacant."

A Sanitary Corps was created by G. O. 80, W. D. June 30, 1917, pursuant to authority of sec. 2, act of May 18, 1917, being composed of commissioned officers up to and including the grade of colonel, and was part of the Medical Department. It was not mentioned in sec. 10, act of June 4, 1920 (41 Stat. 766-768) reorganizing the Medical Department.

553. Composition of the Medical Department.-The Medical Department shall consist of one Surgeon General with the rank of major general, two assistants,

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with the rank of brigadier general, the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Administrative Corps, a number of enlisted men which until June 30, 1921, shall not exceed 5 per centum of the authorized enlisted strength and thereafter 5 per centum of the actual strength, commissioned and enlisted, of the Regular Army, the Army Nurse Corps as now constituted by law, and such contract surgeons as are now authorized by law. * Sec. 10, act of June 3, 1916 (39 Stat. 171), as amended by sec. 10, act of June 4, 1920 (41 Stat. 766-767).

*

554. Rank and precedence.-* ** * That officers of the Medical Department shall take rank and precedence in accordance with date of commission or appointment, and shall be so borne on the official Army Register. Act of July 5, 1884 (23 Stat. 111), making appropriations for the support of the Army.

555. Promotions of officers.Hereafter an officer of the Medical or Dental Corps shall be promoted to the grade of captain after three years' service, to the grade of major after twelve years' service, to the grade of lieutenant colonel after twenty years' service, and to the grade of colonel after twenty-six years' service. * For purposes of promotion there shall be credited to officers of the Medical Department all active commissioned service in the Regular Army whenever rendered; and also all such service rendered since April 6, 1917, in the Army or in the National Guard when in active service under a call by the President, except service under a reserve commission while in attendance at a school or camp for the training of candidates for commission. The length of

service of any officer who shall have lost files by reason of sentence of courtmartial or failure in examination for promotion shall be regarded as diminished to the equivalent of the service of the officer of his corps immediately preceding him in relative rank.

Of the vacancies in the Medical Department existing on July 1, 1920, such number as the President may direct shall be filled by the appointment on that date in any grade authorized by this section, of persons under the age of fiftyeight years, other than officers of the Regular Army, who served as officers of the Army at some time between April 6, 1917, and the date of the passage of this Act, the selection to be made by the board of general officers provided for in section 24, and subject to the restrictions as to age therein prescribed. * For purposes of future promotion, any person so appointed in the Medical or Dental Corps shall be considered as having had, on the date of appointment, service equal to that of the junior officer of his grade and corps now in the Regular Army; and in the Veterinary or Medical Administrative Corps, sufficient service to bring him to his grade under the rules established in this section. * # Sec. 10, act of June 3, 1916 (39 Stat. 171), as amended

by sec. 10, act of June 4, 1920 (41 Stat. 767).

Previous provisions relating to promotion of officers in the Medical Corps are found In the notes under 556, post, and in sec. 3, act of Apr. 23, 1908 (35 Stat. 67), which read, in part, as follows:

That promotions in the Medical Corps to fill vacancies in the several grades created or caused by this Act, or hereafter occurring, shall be made according to seniority, but all such promotions and all appointments to the grade of first lieutenant in sald corps shall be subject to examination as hereinafter provided: Provided, That the increase in grades of colonel, Heutenant-colonel, and major provided for in this Act shall be filled by promotion each calendar year of not exceeding two lieutenant-colonels to be colonels, three majors to be lieutenant-colonels, fourteen captains to be majors, and of the increase in the grade of first lieutenant not more than twenty-five per centum of the total of such increase shall be appointed in any one calendar year: