thirty-five dollars a month and allowances of ordnance-sergeant; master gunner, the pay and allowances of ordnance-sergeant; fireman, thirty dollars a month and allowances of ordnance-sergeant; and that the rates of pay of all other enlisted men of the coast and the field artillery shall be as now provided by law: Provided, That casemate electricians, observers, first class, and plotters shall receive nine dollars a month in addition to their pay; that chief planters, chief loaders, observers, second class, gun commanders, and gun pointers shall receive seven dollars a month in addition to their pay, and that first-class gunners shall receive two dollars a month and second-class gunners one dollar a month in addition to their pay: Provided further, That the number of casemate electricians shall not exceed forty-four; that the number of observers, first class, shall not exceed one hundred and seventy; that the number of plotters shall not exceed one hundred and seventy; that the number of chief planters shall not exceed forty-four; that the number of chief loaders shall not exceed forty-four; that the number of observers, second class, shall not exceed one hundred and seventy; that the number of gun commanders shall not exceed three hundred and seventy-eight, and that the number of gun pointers shall not exceed three hundred and seventy-eight: And provided further, That no enlisted man shall receive under this section more than one addition to his pay.1 Sec. 11, id., 863.

1093. Same-Composition and duties. The field artillery is the artillery which accompanies an army in the field, and includes light artillery, horse artillery, siege artillery, and mountain artillery. Sec. 4, id., 861.

1094. Same-Bands. - Each field artillery band shall be organized as provided by law for cavalry bands: Provided, That the President in his discretion may increase by nine mounted orderlies the regimental strength herein authorized. Sec. 7, id., 862.

INFANTRY.

1095. Same-Organization of regiment. Each regiment of infantry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants, 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

As to pay, however, see Chapter XVIII, the Quartermaster Corps, pay of enlisted men, paragraphs 695 and 697-8, ante.

*See paragraph 1076, ante, which provides that each cavalry band shall consist of one chief musician, one chief trumpeter, 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 eleven privates.

48985°-15-26

band, and twelve companies, organized into three battalions of four companies each. Sec. 10, Act of Feb. 2, 1901 (31. Stat. 750).

1096. Same-Colored regiments. The enlisted men of two regiments of infantry shall be colored men. Sec. 1108, R. S.

This enactment replaces section 1106, Revised Statutes, and section 4, act of March 2, 1899 (30 Stat. 977), in pari materia. Section 28 of the act of February 2, 1901 (31 Stat. 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 1102 and 1103, post.

The First Regiment of infantry was authorized by the act of April 30, 1790 (1 Stat. 119), the Second by the act of March 3, 1791 (id. 222), the Third and Fourth by the act of May 30, 1796 (id. 483), the Fifth, Sixth, and Seventh regiments by the act of June 26, 1812 (2 Stat. 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 authorized by the act of March 3, 1855 (10 Stat. 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. 279). Twenty-five 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 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. 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 Regiment 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 Thirty-fifth; the Sixteenth from the Eleventh and Thirty-fourth; the Seventeenth from the Seventeenth and Forty-fourth; the Eighteenth from the Eighteenth and Twenty-fifth; the Nineteeth from the Nineteeth 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 Twentysixth to the Thirtieth, inclusive, were added by section 10, act of February 2, 1901 (31 Stat. 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 10 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. 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. 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.

1097. Same-Company organization. Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first 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 hereinbefore authorized.1 Sec. 10, Act of Feb. 2, 1901 (31 Stat. 750).

1098. Same-Increase as to noncommissioned officers and privates. The President, in his discretion, may increase the 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. Id.

1099. Same-Bands, organization of. Each infantry band shall consist of one chief musician, one principal musician, one drummajor, 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 Mar. 2, 1899 (30 Stat. 978).

1100. Same-Details, regimental staff, etc. 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 Feb. 2, 1901 (31 Stat. 750).

1101. Vacancies, how filled. -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. Sec. 28, id., 755.

1102. Same-After promotions. - 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

See note to paragraph 1095, ante.

*Section 10, act of February 2, 1901 (31 Stat. 750), contained the requirement that "each infantry band shall be organized as now required by law." (See note, par. 1095, ante.)

As to the law governing length of details (Manchu legislation), see note to paragraph 1077, ante.

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. Id.

1103. Same-Appointment of enlisted men. -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. Id., 756.

1104. Prison guard-Organization of. Hereafter recruit and prison companies shall have noncommissioned officers, musicians, artificers and cooks of the numbers and grades allowed by law for companies of infantry. Act of Mar. 2, 1907 (34 Stat. 1160).

MAXIMUM STRENGTH.

1105. The President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this act during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct.1 Sec. 30, Act of Feb. 2, 1901 (31 Stat. 756).

For the maximum strength referred to in this section, see, as to the cavalry troop, section 2, act of February, 1901 (31 Stat. 748), paragraph 1075, ante; as to the artillery arm, see section 6, ibid., paragraphs 1088-1091, ante; as to the infantry company, see section 10, ibid., paragraphs 1097-1098, ante; as to the engineer company, see section 11, ibid., paragraph 796, 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. 364). Section 36, act of February 2, 1901 (31 Stat. 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."

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CHAPTER XXVIII.

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

Military and academic staff.. 1106-1138 Military and academic staff-Contd.