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eighteen thousand nine hundred and twenty, exclusive of electrician sergeants.1 Sec. 6, act of February 2 1901,

(31 Stat. L., 749).

Electrician ser

geants.

3. v. 30, p. 978.

1443. In addition to the enlisted men specified there shall be one electrician sergeant to each post garrisoned, Mar. 2, 1899, s. by coast artillery having electric appliances, who shall have the pay and allowances of an ordnance sergeant.' Sec. 3, act of March 2, 1899 (30 Stat. L., 978).

Gunners, extra

pay.

7, v. 31, p. 749.

1444. First-class gunners shall receive two dollars a month and second-class gunners one dollar per month in Feb. 2, 1901, s. addition to their pay. Sec. 7, act of February 2, 1901 (31 Stat. L., 749).

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Infantry regi

ment.

Feb. 2, 1901, s.

1445. Each regiment of infantry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen cap-10, 31. p. 750. tains, fifteen first lieutenants, and fifteen second lieuten-Sec. 1106, R. S. ants, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, three battalion sergeants-major, two color-sergeants, with rank, pay, and allowances of battalion sergeants-major, one band, and twelve companies, organized into three battalions of four companies each.3 Sec. 10, act of February 2, 1901 (31 Stat. L., 750). 1446. The enlisted men of two regiments of infantryCnts. shall be colored men.

Colored regi

July 28, 1866, s. 4, v. 14, p. 332. Sec. 1108, R.S.

1 For duties and methods of appointment of electrician sergeants see paragraphs 100-114, Army Regulations of 1901.

2 Gunners become entitled to this increase from the date of the passage of the act authorizing it.

This enactment replaces section 1106, Revised Statutes, and section 4, act of March 2, 1899 (30 Stat. L., 977), in pari materia. Section 28 of the act of February 2, 1901 (31 Stat. L., 755), contained the requirement that "vacancies in the grade of field officers and captain created by this act in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch respectively." For method of filling vacancies created by that enactment in the grades of first and second lieutenant, see paragraphs 1455 and 1456, post.

The First Regiment of infantry was authorized by the act of April 30, 1790 (1 Stat. L., 119), the Second by the act of March 3, 1791 (ibid., 222), the Third and Fourth by the act of May 30, 1796 (ibid., 483), the Fifth, Sixth, and Seventh regiments by the act of June 26, 1812 (2 Stat. L., 764), and the number of regiments of infantry was fixed at seven by the act to reduce and fix the military establishment, approved March 2, 1821. The Eighth Regiment was added by the act of July 5, 1838, and the President was authorized, "whenever he may deem it expedient, to cause not exceeding two of the regiments of infantry to be armed and equipped as regiments of riflemen, and one other of the regiments of infantry to be armed and equipped and to serve as a regiment of light infantry." The Ninth and Tenth regiments were author

Details..

Feb. 2, 1901, s. 10, v. 31, p. 750.

s.

Band.

March 2, 1899,

1447. Of the officers herein provided, the captains and lieutenants not required for duty with the companies shall be available for detail as regimental and battalion staff officers and such other details as may be authorized by law or regulation.' Sec. 10, act of February 2, 1901 (31 Stat. L., 750).

1448. Each infantry band shall consist of one chief musi8.4, v. 30, p. 977. cian, one principal musician, one drum-major, who shall have the rank, pay, and allowances of a first sergeant, four sergeants, eight corporals, one cook, and twelve privates.2 Sec. 4, act of March 2, 1899 (30 Stat. L., 977).

Battalion staff

pay.

10, v. 31, p. 750.

1449. Battalion adjutants shall receive one thousand Feb. 2, 1901, s. eight hundred dollars per annum, and the allowances of first lieutenants mounted; battalion quartermasters and commissaries shall receive one thousand six hundred dol

ized by the act of March 3, 1855 (10 Stat. L., 701). The Eleventh to the Nineteenth regiments, inclusive, were organized by order of the President on May 4, 1861, the organization being confirmed by the act of July 29, 1861 (12 Stat. L., 279). Twentyfive regiments, from the Twentieth to the Forty-fifth, inclusive, were authorized by the act of July 28, 1866, of which four, from the Thirty-eighth to the Forty-first, inclusive, were to be composed of colored men, and four, from the Forty-second to the Forty-fifth, inclusive, were to be composed of men who had been wounded in the line of duty and were to constitute a Veteran Reserve Corps. At the reduction effected in pursuance of section 2 of the act of March 3, 1869 (15 Stat. L., 318), the number of infantry regiments was reduced to twenty-five. In effecting the consolidation required by the act above cited, the designations of the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Twentieth, and Twenty-third regiments were not changed; the Eleventh Kegiment was formed, by consolidation, from the Twenty-fourth and Twenty-ninth; the Fourteenth from the Fourteenth and Forty-fifth; the Fifteenth from the Fifteenth and Thirtyfifth; the Sixteenth from the Eleventh and Thirty-fourth; the Seventeenth from the Seventeenth and Forty-fourth; the Eighteenth from the Eighteenth and Twentyfifth; the Nineteenth from the Nineteenth and Twenty-eighth; the Twenty-first from the Twenty-first and Thirty-second; the Twenty-second from the Twenty-second and Thirty-first; the Twenty-fourth from the Thirty-eighth and Forty-first; the Twenty-fifth from the Thirty-ninth and Fortieth. Five new regiments, from the Twenty-sixth to the Thirtieth, inclusive, were added by section 10, act of February 2, 1901 (31 Stat. L., 750).

The regiments organized prior to the 4th of May, 1861, were composed of ten companies each; those organized by Executive order of that date were each composed of three battalions of eight companies each. The organization prescribed by the act of July 28, 1866, fixed the organization of an infantry regiment at ten companies, of a cavalry regiment at twelve companies, and a regiment of artillery at the same number.

By the act of April 26, 1898 (30 Stat. L., 364), a battalion organization was adopted for the infantry, each regiment being composed of two battalions of four companies each, and of two skeleton, or unmanned companies. Upon a declaration of war by Congress, the President was authorized to organize a third battalion, to be composed of the two skeleton companies and two additional companies. By section 4 of the act of March 2, 1899 (30 Stat. L., 977), the regimental organization of infantry was made to consist of three battalions of four companies each; by section 15 of the same enactment, however, the regimental organization, as it existed on April 1, 1898, was required to be restored by the discharge of supernumerary officers and enlisted men. The artillery regiments were exempted from this reduction.

1 For regulations respecting the detail and tour of duty of regimental and battalion staff officers, see note to paragraph 1423, ante.

2 Section 10, act of February 2, 1901 (31 Stat. L., 750), contained the requirement that "each infantry band shall be organized as now required by law."

lars per annum and the allowances of second lieutenants, mounted. Sec. 10, act of February 2, 1901 (31 Stat. L., 750).

Infantry com

pany.

Sec. 1107, R. S.

1450. Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first bid. sergeant, one quartermaster-sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and forty-eight privates, the commissioned officers to be assigned from those herein before authorized. Ibid.

Ibid.

1451. The President, in his discretion, may increase the Increase. number of sergeants in any company of infantry to six, the number of corporals to ten, and the number of privates to one hundred and twenty-seven, but the total number of enlisted men authorized for the whole Army shall not at any time be exceeded. Ibid.

ENGINEERS.

Engineer battalions a part of the line. Feb. 2, 1901, s.

1452. The enlisted force (of the Corps of Engineers) provided in section eleven of this act and the officers serving therewith shall constitute a part of the line of the 22, v. 31, p. 754. Army. Sec. 22, act of February 2, 1901 (31 Stat. L., 754).

MAXIMUM STRENGTH.

Maximum

strength.

30, v. 31, p. 756.

1453. The President is authorized to maintain the enlisted force of the several organizations of the Army at their Feb, 2, 1901, s. maximum strength as fixed by this act during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct. Sec. 30, act of February 2, 1901 (31 Stat. L., 756).

VACANCIES.

how filled.

28, v. 31, p. 755.

1454. Vacancies in the grade of field officers and captain Vacancies; created by this act, in the cavalry, artillery, and infantry, Feb. 2, 1901, s. shall be filled by promotion according to seniority in each branch respectively. Sec. 28, act of February 2, 1901 (31 Stat. L., 755).

1 See note to paragraph 1445, ante.

* For requirements of law in respect to the battalions of engineer troops, see the title Enlisted Men of Engineers in the chapter entitled THE ENGINEER CORPS.

3 For the maximum strength referred to in this section, see, as to the cavalry troop, section 2, act of February, 1901 (31 Stat. L., 748), paragraph 1427, ante; as to the artillery arm, see section 6, ibid., paragraphs 1437-1440, ante; as to the infantry company, see section 10, ibid., paragraphs 1450, 1451, ante; as to the engineer company, see section 11, ibid., paragraph 961, ante; for a similar authority to increase the strength of the several organizations in time of war, see the act of April 26, 1898 (30 Stat. L., 364). Section 36, act of February 2, 1901 (31 Stat. L., 757), contains the requirement that the "total of the enlisted men of the line of the Army, together with the native force therein authorized, shall not exceed, at any time, one hundred thousand men."

The same.
Ibid.

The same.
Ibid.

1455. Vacancies existing after the promotions have been made shall be provided for as follows: A sufficient number shall be reserved in the grade of second lieutenant for the next graduating class at the United States Military Academy. Persons not over forty years of age who shall have, at any time, served as volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, may be ordered before boards of officers for such examination as may be prescribed by the Secretary of War, and those who establish their fitness before these examining boards. may be appointed to the grades of first or second lieutenant in the Regular Army, taking rank in the respective grades according to seniority as determined by length of prior commissioned service; but no person appointed under the provisions of this section shall be placed above another in the same grade with longer commissioned service, and nothing herein contained shall change the relative rank of officers heretofore commissioned in the Regular Army.1 Ibid.

1456. Enlisted men of the Regular Army or volunteers may be appointed second lieutenants in the Regular Army to vacancies created by this act, provided that they shall have served one year under the same conditions now authorized by law for enlisted men of the Regular Army. Ibid.

Cooks.

Mar. 2, 1899, s.

9, v. 30, p. 979.

COMPANY COOKS.

1457. The cooks authorized by this act shall have the pay and allowances of sergeants of infantry. Sec. 9, act of March 2, 1899 (30 Stat. L., 979).

See also the act of March 2, 1901 (31 Stat. L., 900), paragraph 578, ante.

2 This enactment repeals and replaces the act of July 7, 1898 (30 Stat. L., 721), which authorized the enlistment of one cook for each troop, battery, and company in the Regular and Volunteer armies of the United States. The person so enlisted as cook was to "take rank as and be allowed the pay of a corporal of the arm of the service to which he belongs, and whose duties in connection with the preparation and serving of the food of the enlisted men of the company, battery, or troop, and with the supervision and instruction of enlisted men hereby authorized to be detailed to assist him, shall be prescribed in the regulations for the government of the Army."

CHAPTER XXXI.

THE UNITED STATES MILITARY ACADEMY--THE ARMY WAR COLLEGE THE SERVICE SCHOOLS.

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1458. The United States Military Academy at West Officers, profesPoint, in the State of New York,' shall be constituted

as

sors, and instruetors.

The Military Academy was established in pursuance of authority conferred by the act of March 16, 1802 (2 Stat. L., 137), which contained a requirement authorizing the President to establish a corps of engineers: "The said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy. Sections 26 and 27, act of March 16, 1802 (2 Stat. L., 137). The post of West Point ceased to be an engineer station and the control of the Military Academy was transferred from the Chief of Engineers to such officer or officers as the Secretary of War may assign to that duty by the act of July 13, 1866 (14 Stat. L., 92. )

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