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its direction under that statute, by the requirement that "the amount expended and liabilities incurred in such purchases, investigations, experiments, and tests shall not exceed five hundred thousand dollars, which sum is hereby appropriated"; and that "said board shall test, and if found satisfactory, shall purchase two breech-loading field guns of three and two-tenths inch bore of aluminum bronze."

By several acts of appropriation the powers of the Board of Ordnance and Fortification have been reduced and defined. By the act of Feb. 24, 1891 (26 Stat. 767), the appropriations of the Engineer Department for gun and mortar batteries and for sites of fortifications have been withdrawn from the supervision of the board; by the act of July 23, 1892 (27 Stat. 260), all regular appropriations of the Ordnance Department for the armament of fortifications were similarly withdrawn from its supervision. See also the acts of Feb. 18, 1893 (27 Stat. 461), Aug. 1, 1894 (28 id. 215), Mar. 2, 1895 (id. 706), and June 6, 1896 (29 id. 259), for similar provisions of statutes in which the board is specially charged with the supervision of stated funds and with the general expenditure of funds appropriated for experimental purposes.

The act of Mar. 2, 1889 (25 Stat. 833), conferred authority upon the Board of Ordnance and Fortification to examine and report upon a site or sites for ordnance testing and proving ground to be used in the testing and proving of heavy ordnance. As a result, Sandy Hook Proving Ground was established and used until Oct. 1, 1919, when it was abandoned as a proving ground. For legislation respecting Aberdeen, Md., proving ground, see 1112, 1113, post.

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642. Expenditures by the Board of Ordnance and Fortification.-" Board is authorized to make all needful and proper purchases, investigations, experiments, and tests, to ascertain with a view to their utilization by the Government, the most effective guns, including multicharge guns and the conversion of Parrott and other guns on hand, small arms, cartridges, projectiles, fuzes, explosives, torpedoes, armor-plates, and other implements and engines or war; and the Secretary of War is hereby authorized to purchase or cause to be manufactured, such guns, carriages, armor-plates, and other war materials and articles as may, in the judgment of said Board, be necessary in the proper discharge of the duty herein devolved upon them:

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That under the provisions of this section there shall not be expended or contract or contracts entered into involving the Government in an aggregate expenditure exceeding six million five hundred thousand dollars, nor an expenditure on the part of the Government in any one fiscal year in excess of two million dollars, and all guns and materials purchased under authority of this section shall be of American production and furnished by citizens of the United States. * * Sec. 6, act of Sept. 22, 1888 (25 Stat. 491), making appropriations for fortification, etc.

Secs. 2-5 of the act made appropriations and other provisions of a temporary nature merely, and are omitted.

The provisions of this section were also to a great extent, temporary in their nature, and the first two paragraphs of the section, preceding those set forth here, having been limited by their terms as to time and particular transactions, are omitted as temporary and executed.

The provisions set forth here may be regarded as indicating the nature and extent of the duties and powers of the board, although in part superseded for subsequent years by provisions of similar appropriation acts repeated from year to year.

A further proviso, annexed to the first paragraph set forth here, relating to the test and purchase of two guns described, is omitted.

Instead of the provision of this section, authorizing the Secretary of War to purchase or cause to be manufactured such guns, etc., as may, in the judgment of the Board, be necessary, etc., subsequent similar appropriations are to enable the Board to purchase or cause to be manufactured, under authority of the Secretary of War, such guns, etc. See act of July 6, 1916, sec. 1.(39 Stat. 350).

Instead of the further provision that all guns and materials purchased under authority of this section should be of American production, etc., subsequent fortifications appropriation acts provide, as to purchases for each year, as follows:

"That all material purchased under the provisions of this act shall be of American manu facture, except in cases when, in the judgment of the Secretary of War, it is to the manifest interest of the United States to make purchases in limited quantities abroad, which material shall be admitted free of duty."

See act July 6, 1916, sec. 2 (39 Stat. 350).

An appropriation at the end of this section for payment of the necessary expenses of the Board, including a per diem allowance to each member thereof when employed on duty away from his permanent station, of $2.50 a day, $5,000, or so much thereof as may be necessary, which is omitted here as applicable to the particular year only, is repeated in substance in the similar appropriations for subsequent years, as follows: "The necessary expenses of the board, and a per diem allowance to each officer detailed to serve thereon, when employed on permanent duty away from his permanent station, . of $2.50."

See act July 6, 1916, sec. 1 (39 Stat. 350).

643. Right of the United States to use inventions tested.-* Provided, That before any money shall be expended in the construction or test of any gun, gun carriage, ammunition, or implements under the supervision of the said board, the board shall be satisfied, after due inquiry, that the Government of the United States has a lawful right to use the inventions involved In the construction of such gun, gun carriage, ammunition, or implements, or that the construction or test is made at the request of a person either having such lawful right or authorized to convey the same to the Government. Act of July 8, 1918 (40 Stat. 820), making appropriations for fortifications, etc. Similar provisions appear in previous appropriation acts.

644. Machine for testing iron and steel.-For improved machinery and instruments for testing American iron and steel, twenty-five thousand dollars. Act of Mar. 3, 1873 (17 Stat. 547), making appropriations for the support of the Army.

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That for experiments in testing iron and steel, including the cost of any machine built for such purpose, the sum of fifty thousand dollars is hereby appropriated; and the further sum of twenty-five thousand dollars provided for improved machinery and instruments for testing American iron and steel" in the act entitled “An act making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy-four," approved March third, eighteen hundred and seventy-three, is hereby continued and made available for such purpose; * * Sec. 4, act of Mar. 3, 1875 (18 Stat. 399).

Watertown Arsenal, testing machines: For necessary professional and skilled labor, purchase of materials, tools, and appliances for operating the testing machines, for investigative test and tests of material in connection with the manufacturing work of the Ordnance Department, and for instruments and materials for operating the chemical laboratory in connection therewith, and for maintenance for the establishment, $50,000. Act of Mar. 4, 1921 (41 Stat. 1385), making appropriations for sundry civil expenses: Armories and arsenals. A provision in act May 27, 1908, sec. 1 (35 Stat. 354), transferring the testing machines at the Watertown Arsenal to the Department of Commerce and Labor, was repealed by a provision of act Mar. 4, 1909, sec. 1 (35 Stat. 905).

This act also provided "that the President be, and hereby is authorized to appoint a board, to consist of one officer of the engineers of the United States Army, one officer of ordnance of the United States Army, one line-officer of the United States Navy, one engineer of the United States Navy, and three civilians who shall be experts; and It shall be the duty of said board to convene at the earliest practicable moment, at such place as may be designated by the President, for the purpose of determining, by actual tests, the strength and value of all kinds of iron, steel and other metals which may be submitted to them or by them procured, and to prepare tables which will exhibit the

strength and value of said materials for constructive and mechanical purposes, and to provide for the building of a suitable machine for establishing such tests: Provided, That no officers in the pay of the Government shall be entitled to, or receive, any additional compensation by reason of any services rendered in connection with this board; but one of the civil experts shall act as secretary of the board, and shall be entitled, under this act, to such compensation as the President may deem proper and fit: Provided, That not more than fifteen thousand dollars of the sum herein provided shall be used for the expenses of such board."

645. Tests of iron and steel for private parties.-The Secretary of War is hereby authorized to cause the machine built for testing iron and steel to be set . up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be; Act of June 20, 1878 (20 Stat. 223), making appropriations for civil expenses.

* That hereafter the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress: And provided further, That in making tests for private citizens the officer in charge may require payment in advance, and may use the funds so received in making such private tests, making full report thereof to the Chief of Ordnance; and the Chief of Ordnance shall give attention to such programme of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society, to be by them published at their own expense. Act of March 3, 1885 (23 Slat. 502), making appropriations for civil expenses,

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The office of Signal Officer of the Army, with the rank of major of Cavalry, was established by the act of June 21, 1860 (12 Stat. 66). By sec. 17 of the act of Mar. 3, 1863 (id. 753), a Signal Corps was created to consist of a Chief Signal Officer with the rank of colonel, 1 lieutenant colonel, 2 majors who were to be inspectors, and, for each army corps or military department, 1 captain and as many lleutenants, not exeeeding 8, as the President might deem necessary. The officers thus provided for were to receive the mounted pay of their grades, and were to continue in service during the pendency of the existing rebellion. For each officer authorized by the act of Mar. 8, 1863, 1 sergeant and 6 privates were to be detailed from the Volunteer armies, who were to receive the pay and allowances of enlisted men of Engineers. Eligibility for appointment and detail were to be determined, in part, by prior faithful service in the acting Signal Corps, and were conditioned in all cases, upon the successful passage of a preliminary examination.

A permanent Signal Corps was added to the military establishment by sec. 22 of the act of July 28, 1866 (12 Stat. 335) (which was embodied in the Revised Statutes as secs. 1165, 1166, and 1167). It was to consist of a Chief Signal Officer, with the rank of colonel of Cavalry, and of 6 officers of the line, detailed for signal duty, and 100 enlisted men, detailed from the battalion of engineers; these details were to be conditioned upon the successful passage of a preliminary examination, and the officers, while so detailed, were to receive mounted pay. By the act of Mar. 3, 1871 (16 id. 520), certain duties in connection with the observation and report of storms were assigned to the department. By the act of June 18, 1878 (20 id. 146), the number of enlisted men, hitherto fixed by Executive regulation, was established at 450, and by the act of June 20, 1878 (id. 219), the enlisted force of the department was fixed at 150 sergeants, 30 corporals, and 270 privates, who were to receive the pay and allowances of enlisted men of corresponding grades in the battalion of engiBy this enactment extra-duty pay was prohibited, and the commissioned force of the department was increased by the annual appointment of 2 second lieutenants who were to be selected from the grade of sergeant. By the act of June 16, 1880 (21 id. 267), the rank of brigadier general was conferred upon the Chief Signal Officer, and the number of privates was increased to 320; by the act of Aug. 4, 1886 (24 id. 247), the number of second lieutenants was limited to 16, the school of instruction at Fort Myer, Va., was abolished, and the Secretary of War was authorized to detail 5 commissioned officers of the Army for signal duty, this number to be in addition to the second lieutenants already authorized by law; this requirement was repeated in the acts of Oct. 2, 1888 (26 id. 537), and Mar. 2, 1889 (id. 969), by which enactments the number of second lieutenants was reduced to 14.

neers.

By the act of Oct. 1, 1890 (26 Stat. 653), the Weather Service was transferred to the Department of Agriculture, and the strength of the Signal Corps was established at 1 Chief Signal Officer (brigadier general), 1 major, 4 captains, and 4 first lieutenants

mounted, and 50 sergeants who were to have the pay and allowances of hospital stewards. The second lieutenants not selected for appointment as first lieutenants were to be transferred to the line of the Army. By the act of Aug. 6, 1894, the department was reorganized, the reorganization to take effect upon the occurrence of a vacancy in the office of Chief Signal Officer, when the corps was to consist of 1 colonel, one lieutenant colonel, 1 major, 3 captains, and 3 first lieutenants; by the act of Mar. 2, 1897 (29 id. 611), the promotions provided for in the act of Aug. 6, 1894, were authorized to be made. By sec. 2 of the act of May 18, 1898 (30 id. 417), and joint resolution No. 53, of July 8, 1898 (id. 749), a volunteer Signal Corps was authorized, to consist of 1 colonel, 1 lieutenant colonel, 1 major, as disbursing officer, and such other officers and men as might be required, not exceeding 1 lieutenant colonel for each army corps, and 2 captains, 2 first lieutenants, 5 first-class sergeants, 10 sergeants, 10 corporals, and 30 first-class privates to each organized division of troops, a certain proportion of whom were to be skilled electricians or telegraph operators. By sec. 24 of the act of Feb. 2, 1901 (31 Stat. 754), all these provisions were superseded and the permanent strength of the Signal Corps was fixed at 1 Chief Signal Officer with the rank of brigadier general, 1 colonel, 1 lieutenant colonel, 4 majors, 14 captains, 14 first lieutenants, 80 first-class sergeants, 120 sergeants, 150 corporals, 250 first-class privates, 150 second-class privates, and 10 cooks, and a system of detail was established by the operation of which the permanent commissioned personnel of the department will be gradually replaced as vacancies occur by officers detailed from the line of the Army for duty in the Signal Department.

To the Signal Corps, constituted as prescribed by said act Feb. 2, 1901, sec. 24, there was added 1 lieutenant colonel, 2 majors, 4 captains, and 4 first lieutenants by a provision of act Mar. 2, 1903 (32 Stat. 932), with a proviso that the vacancies thus created or caused should be filled first by the promotion of officers of the Signal Corps, according to seniority, and thereafter by details from the line of the Army. A provision for the addition to the Signal Corps in time of war of 10 corporals, 100 first-class privates, and 40 second-class privates, made by act Apr. 26, 1898, sec. 3 (30 Stat. 365), may be regarded as superseded by subsequent provisions for the organization and increase of the corps, particularly those increasing the enlisted men, made by act Feb. 2, 1901, sec. 24 (31 Stat. 754), and provisions of act Apr. 23, 1904 (33 Stat. 261). The provisions of said act Feb. 2, 1901, sec. 24, act Mar. 2, 1903, and act Apr. 23, 1904, mentioned above, were superseded by sec. 13, national defense act of June 3, 1916 (39 Stat. 174), providing that the Signal Corps should consist of 1 Chief Signal Officer (brigadier general), 3 colonels, 8 lleutenant colonels, 10 majors, 30 captains, and 75 first lieutenants. This section was in turn superseded by 646, post.

During the World War the commissioned and enlisted personnel of this corps was increased in accordance with the act of July 24, 1917 (40 Stat. 243), by the detail of officers from the Regular Army and the appointment of temporary officers with proper qualifications, including temporary general officers. This act also authorized the President to increase the enlisted personnel, to increase or decrease the number of organizations prescribed for divisions, brigades, regiments, wings, squadrons, battalions, companies, and flights, and to prescribe such new and different organizations and personnel as the efficiency of the service might require, including headquarters detachments, and provided for the draft of men between the ages of 21 and 31 years.

646. Composition. The Signal Corps shall consist of one Chief Signal Officer with the rank of major general, three hundred officers in grades from colonel to second lieutenant, inclusive, and five thousand enlisted men, such part of whom as the President may direct being formed into tactical units organized as he may prescribe. Sec. 13, act of June 3, 1916 (39 Stat. 174), as amended by sec. 13, act of June 4, 1920 (41 Stat. 768).

The Signal Corps is designated as a combatant arm or of the line of the Army by sec. 2 of said act of June 4, 1920, post, 2118.

For general provision under which the Chief Signal Officer received the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 6, 1917, post, 2342.

647. Appointments and promotions of commissioned officers.-That all appointments and promotions in the Signal Corps after this reorganization shall be made after examination and approved under sections twelve hundred and six and twelve hundred and seven of the Revised Statutes, which are hereby

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