ARMY AND NAVY.

SIXTIETH CONGRESS, FIRST SESSION.

CHAP. 27.—An Act Making appropriations to supply urgent Feb. 15, 1908. deficiencies in the appropriations for the fiscal year ending June [H. R. 14766.] thirtieth, nineteen hundred and eight, and for prior years, and [Public, No. for other purposes.

24.] 35 Stat. L., pt. 1, p. 8.

ciencies appro

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are Urgent defihereby, appropriated, out of any money in the Treasury priations. not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and eight, and for prior years, and for other objects hereinafter stated, namely:

ice.

Signal serv

For expenses of the Signal Service of the Army on account of the Army of Cuban Pacification during the Cuban exfiscal year ending June thirtieth, nineteen hundred and penses. eight, in the purchase of equipment, stores, and supplies, the engagement of services personal and not personal, and all other expenses connected with the duty of collecting and transmitting information for the Army, by telegraph or otherwise, ten thousand dollars.

For repairs and improvements to marine barracks and officers' quarters, Camp Elliott, Isthmus Canal Zone, Panama, ten thousand dollars.

Camp Elliott,
Repairs.

Canal Zone.

CHAP. 96.-An Act To carry into effect the international con- Mar. 24. 1908. vention of December twenty-first, nineteen hundred and four, relating to the exemption in time of war of hospital ships from dues and taxes on vessels.

[S. 4377.] [Public, No. 62.] 35 Stat. L., pt. 1, p. 46.

Preamble.

Whereas a convention providing for the exemption of hospital ships in time of war from the payment of all Treaties.

dues and taxes imposed for the benefit of the State was signed at The Hague on December twenty-first, nineteen hundred and four, by the plenipotentiaries of the United States of America, Germany, Austria-Hungary, Belgium, China, Korea, Denmark, Spain, Mexico, France, Greece, Italy, Japan, Luxemburg, Montenegro, The Netherlands, Peru, Persia, Portugal, Roumania, Russia, Servia, Siam, and Switzerland; and

Whereas the said convention was duly ratified by the Government of the United States of America by and with the advice and consent of the Senate thereof, and was proclaimed by the President of the United States May twenty-first, nineteen hundred and seven: Therefore

Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assem Hospitalbled, That hospital ships, concerning which the condifrom taxes, tions set forth in articles one, two, and three of the conetc., in time of vention concluded at The Hague on July twenty-ninth,

ships exempted

war.

President to designate ships, etc.

eighteen hundred and ninety-nine, for the adaptation to maritime warfare of the principles of the Geneva convention of August twenty-second, eighteen hundred and sixty-four, are fulfilled, shall, in the ports of the United States and the possessions thereof, be exempted, in time of war, from all dues and taxes imposed on vessels by the laws of the United States, and from all pilotage charges.

SEC. 2. That the President of the United States shall by proclamation name the hospital ships to which this Act shall apply, and shall indicate the time when the exemptions herein provided for shall begin and end.

Apr. 23, 1908. [S. 1424.]

[Public, No.

101.]

35 Stat. L.,

Army.

Medical

CHAP. 150.-An Act To increase the efficiency of the Medical Department of the United States Army.

Be it enacted by the Senate and House of Representapt. 1, p. 66. tives of the United States of America in Congress assemMedical De bled, That from and after the approval of this Act the partment. Medical Department of the United States Army shall Corps, etc., au- consist of a Medical Corps and a Medical Reserve Corps, R. S., sec. as hereinafter provided; and the Hospital Corps, the nurse corps, and dental surgeons, as now authorized by law.

thorized.

1168.

of.

Composition SEC. 2. That the Medical Corps shall consist of one Surgeon-General, with rank of brigadier-general, who shall be chief of the Medical Department; fourteen colonels, twenty-four lieutenant-colonels, one hundred and five majors, and three hundred captains or first lieu tenants, who shall have rank, pay, and allowances of officers of corresponding grades in the cavalry arm of the service. Immediately following the approval of this Act

service to be recom

Grades and

all officers of the Medical Department then in active service, other than the Surgeon-General, shall be recommissioned in the corresponding grades in the Medical Corps officers in established by this Act in the order of their seniority and active without loss of relative rank in the Army, as follows: missioned, etc. Assistant surgeons-general, with the rank of colonel, as rank. colonels; deputy surgeons-general, with rank of lieutenant-colonel, as lieutenant-colonels; surgeons, with the rank of major, as majors; assistant surgeons, who at the time of the approval of this Act shall have served three years or more, as captains; and assistant surgeons, with the rank of first lieutenant, who at the time of the approval of this Act shall have served less than three years as such, as first lieutenants; and hereafter first lieutenants shall be promoted to the grade of captain after three Promotions. years' service in the Medical Corps.

Vacancies.

Maximum

in grades.

SEC. 3. 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 said corps shall be subject to examination as hereinafter provided: Provided. Provisos. That the increase in grades of colonel, lieutenant-colonel, yearly increase 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 lieutenantcolonels, 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: Provided further, Rank of asThat those assistant surgeons who at the time of thesistant surapproval of this Act shall have attained their captaincy by reason of service in the volunteer forces under the provisions of the Act of February second, nineteen hundred and one, section eighteen, or who will receive their captaincy upon the approval of this Act by virtue of such service, shall take rank among the officers in or subsequently promoted to that grade, according to date of entrance into the Medical Department of the Army as commissioned officers.

geons, etc.

for appoint

SEC. 4. That no person shall receive an appointment as Examination first lieutenant in the Medical Corps unless he shall have ment as first been examined and approved by an army medical board lieutenant. consisting of not less than three officers of the Medical Corps designated by the Secretary of War.

of officers

onel.

be

Examinations required.

SEC. 5. That no officer of the Medical Corps below the Promotions rank of lieutenant-colonel shall be promoted therein until w low rank of he shall have successfully passed an examination before lieutenant-colan army medical board consisting of not less than three officers of the Medical Corps, to be designated by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time anterior to the accruing of the right to promotion as may be for

Retirement if

Proviso. the best interests of the service: Provided, That should physically dis- any officer of the Medical Corps fail in his physical ex

abled.

examination if

qualified.

view.

amination and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted; but if he should be No second found disqualified for promotion for any other reason, a otherwise dis- second examination shall not be allowed, but the SecreAppointment tary of War shall appoint a board of review to consist of of board of re- three officers of the Medical Corps superior in rank to the officer examined, none of whom shall have served as a Action if member of the board which examined him. If the undisqualified promotion for favorable finding of the examining board is concurred in by the board of review, the officer reported disqualified for promotion shall, if a first lieutenant or captain, be honorably discharged from the service with one year's finding be far pay; and, if a major, shall be debarred from promotion and the officer next in rank found qualified shall be promoted to the vacancy. If the action of the examining board is disapproved by the board of review, the officer shall be considered qualified and shall be promoted.

Promotion if

vorable.

Rank and service of pres

affected.

SEC. 6. That nothing in this Act shall be construed to ent officers not legislate out of the service any officer now in the Medical Department of the Army, nor to affect the relative rank or promotion of any medical officer now in the service, or who may hereafter be appointed therein, as determined by the date of his appointment or commission, except as herein otherwise provided in section three.

Medical Reserve Corps

Graduates of

sioned as first lieutenants.

SEC. 7. That for the purpose of securing a reserve corps authorized. of medical officers available for military service, the Presimedical schools dent of the United States is authorized to issue commisto be commissions as first lieutenants therein to such graduates of reputable schools of medicine, citizens of the United States, as shall from time to time, upon examination to be prescribed by the Secretary of War, be found physically, mentally, and morally qualified to hold such com missions, the persons so commissioned to constitute and be known as the Medical Reserve Corps. The commissions so given shall confer upon the holders all the auRights, etc., thority, rights, and privileges of commissioned officers of the like grade in the Medical Corps of the United States Army, except promotions, but only when called into active duty, as hereinafter provided, and during the period of such active duty. Officers of the Medical Reserve Corps shall have rank in said corps according to date of their commissions therein, and when employed on active duty, as hereinafter provided, shall rank next below all other officers of like grade in the United States Army: Provided, That contract surgeons now in the military service who receive the favorable recommendation of the Surgeon-General of the Army shall be eligible for appointment in said reserve corps

of,

when active duty.

Rank.

Provisos.

on

Contract sur

geons.

Eligible to appointment in

without further examination: Provided further, That any contract surgeon not over twenty-seven years of age at regular corps. date of his appointment as contract surgeon shall be eligible to appointment in the regular corps.

service.

Provisos.

Declination

lowed.

May serve with militia,

SEC. 8. That in emergencies the Secretary of War may e Emergency order officers of the Medical Reserve Corps to active duty in the service of the United States in such numbers as the public interests may require, and may relieve them from such duty when their services are no longer necessary: Provided, That nothing in this Act shall be construed as authorizing an officer of the Medical Reserve of service alCorps to be ordered upon active duty as herein provided who is unwilling to accept such service, nor to prohibit an officer of the Medical Reserve Corps not designated for active duty from service with the militia, or with the Volunteer troops of the United States, or in the service etc. of the United States in any other capacity, but when so serving with the militia or with volunteer troops, or when employed in the service of the United States in any other capacity, an officer of the Medical Reserve Corps shall not be subject to call for duty under the terms of this section: And provided further, That the President is authorized to honorably discharge from the Medical Re- no longer serve Corps any officer thereof whose services are no longer required: And provided further, That officers of Applications the Medical Reserve Corps who apply for appointment to Medical in the Medical Corps of the Army may, upon the recommendation of the Surgeon-General, be placed on active duty by the Secretary of War and ordered to the Army Medical School for instruction and further examination to determine their fitness for commission in the Medical Corps: And provided further, That any officer of the Medical Reserve Corps who is subject to call and who shall be ordered upon active duty as herein provided and who shall be unwilling and refuse to accept such rvice shall forfeit his commission.

Honorable discharge when

quired.

re

for admission

Forfeiture of commission.

Pay and al

Provisos.

SEC. 9. That officers of the Medical Reserve Corps lowance. When called upon active duty in the service of the United States, as provided in section eight of this Act, shall be Subject to the laws, regulations, and orders for the gov ernment of the Regular Army, and during the period of such service shall be entitled to the pay and allowances of first lieutenants of the Medical Corps with increase for length of service now allowed by law, said increase to be computed only for time of active duty: Provided, Not entitled That no officer of the Medical Reserve Corps shall be to entitled to retirement or retirement pay, nor shall he be entitled to pension except for physical disability incurred in the line of duty while in active duty: And provided further, That nothing in this Act shall be construed to of war. prevent the appointment in time of war of medical officers of volunteers in such numbers and with such rank and pay as may be provided by law.

etc.

retirement,

Appoint.

ments in time