Provisos. Pay, etc. each class, by the Philippine Commission, to receive instruction at the United States Military Academy at West Point: Provided, That the Filipinos undergoing instruction, as herein authorized, shall receive the same pay, allowances, and emoluments as are authorized by law for cadets at the Military Academy appointed from the United States, to be paid out of the same appropriations: And provided further, That said Filipinos undergoing To serve in instruction on graduation shall be eligible only to com- Scouts. missions in the Philippine Scouts. And the provisions of section thirteen hundred and twenty-one, Revised S., sec, Statutes, are modified in the case of the Filipinos undergoing instruction, so as to require them to engage to serve for eight years, unless sooner discharged, in the Philippine Scouts. Philippine 1321. CHAP. 227.—An Act Making appropriations to supply deficien- May 30, 1908. cies in the appropriations for the fiscal year ending June thirtieth, [II. R. 21946.] nineteen hundred and eight, and for prior years, and for other [Public, No. purposes. 167.] 35 Stat. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 478. tives of the United States of America in Congress assem bled, That the following sums be, and the same are hereby, Deficiencies appropriated, out of any money in the Treasury 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: MILITARY ESTABLISHMENT. P. R. Reappropria The sum of sixty thousand dollars appropriated for the, San Juan, erection and completion of a military hospital at SanMilitary hosJuan, Porto Rico, under Construction and Repair of Pitala Hospitals, in the Act approved March second, nineteen tion. hundred and seven, for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eight (Thirty-fourth Statutes, page eleven hundred and seventy-two), is hereby reappropriated and made available during the fiscal year ending June thirtieth, nineteen hundred and nine, for the erection and completion of said hospital. and Mabel H. Annuities. To provide for the payment by the Secretary of War of Jennie Carroll the sum of one hundred and twenty-five dollars per month Lazear. to Jennie Carroll, widow of James Carroll, major and surgeon, United States Army, and the like sum per month to Mabel H. Lazear, widow of Doctor Jesse W. Lazear, late acting assistant contract surgeon, United States Army, as provided by law, three thousand dollars. RESOLUTION. Jan. 16, 1908. [No. 4.] Joint Resolution Extending the time allowed the [S. J. R. 14. organized militia of the several States and Territories and the [Pub. Res., District of Columbia to conform to the provisions of section three No. 4.] of the Act approved January twenty-first, nineteen hundred and 35 Stat. I, three. pt. 1, p. 566. militia. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Organized That the time allowed the organized militia of the several Time extend-States and Territories and the District of Columbia in ed to, in which which to conform their organization, armament, and general Army discipline to that which is now or may hereafter be preRegulations. scribed for the regular and volunteer armies of the United to conform to States by section three of the Act approved January twenty-first, nineteen hundred and three, be, and is hereby, extended to January twenty-first, nineteen hundred and ten. SIXTIETH CONGRESS, SECOND SESSION. CHAP. 146.-An Act For the organization of the militia in the Feb. 18, 1909. District of Columbia. [H. R. 21926.] [Public, No. 240.] 35 Stat. L., Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following amendments are hereby made to an Act of Congress entitled "An Act to provide for the Pt 629. organization of the militia of the District of Columbia, Columbia. and for other purposes," approved March first, eighteen ization. hundred and eighty-nine: Strike out the whole of section ten and insert in lieu thereof the following: District of Militia organ national guard. SEC. 10. That the organized militia shall be composed Designated of volunteers, and shall be designated the National Guard of the District of Columbia." Strike out the whole of section eleven and insert in lieu thereof the following: "SEC. 11. That the land forces of the National Guard Composition. shall consist of one brigadier-general (the commanding general of the militia of the District of Columbia), an adjutant-general's department, an inspector-general's department, a judge-advocate-general's department, a quartermaster's department, a subsistence department, a department of small arms practice, a medical department and hospital corps, a pay department, a corps of engineers, an ordnance department, a signal corps, a coast artillery corps, two regiments and one separate battalion of infantry, four companies of coast artillery, a troop of cavalry, and one battery of field artillery, all to be organized by the President as now provided for the Regular Army or the organized militia by law or regulation: Provided, That the President of the United States, the Commander in Chief, shall have power to alter, divide, President annex, consolidate, disband, or reorganize the same when- change. ever in his judgment the efficiency of the forces will be thereby increased, and he shall at any time have power to change the organization of departments, staff corps, regiments, battalions, companies, troop, and battery so as to conform to any organization, system of drill, or instruction now or hereafter adopted for the Army of the United States or the organized militia, and for that purpose the number of officers and enlisted men of any grade in departments, staff corps, regiments, battalions, companies, troop, and battery may be increased to the extent made necessary by the new positions thus created." Strike out all of sections twelve, thirteen, fourteen, fifteen, sixteen, and seventeen; change the number of sec Proviso. Powers of the to on Officers. dation by com eral. tion eighteen to twelve; and amend section nineteen to read as follows: "SEC. 13. That all officers shall be commissioned by recommen- the President of the United States, on the recommendamanding gen- tion of the commanding general. That they shall be nominated as herein provided. No person commissioned as an officer shall assume such rank or enter upon the duties of the office to which he may be commissioned until he has accepted such commission and taken such oaths or affirmation as may be prescribed." Oath. of staff, Strike out all of sections twenty and twenty-one and insert in lieu thereof the following: Nominations "SEC. 14. That the officers of the staff departments, officers, etc., staff corps, and the organizations created by this Act when organized shall be nominated by the commanding general, subject to the examination required by law." Line officers, promotion. Second lieutenants from Strike out all of section twenty-two and insert in lieu thereof the following: "SEC. 15. That vacancies existing or hereafter occurring in the cavalry, coast artillery corps, field artillery, and infantry above the grade of second lieutenant shall, subject to the examination required by law, be filled by promotion according to seniority from the next lower grade in the troop, the separate company, the field battery, the separate battalion, and the regiment in which the vacancy occurred.” Following section twenty-two and between that section and section twenty-three insert the following additional section: "SEC. 16. That hereafter all appointments to the grade enlisted men. of second lieutenant shall be from the enlisted men, under regulations prescribed by the commanding general, and subject to the examination required by law.' Examinations for promotion. Strike out all of section twenty-three and insert in lieu thereof the following: "SEC. 17. That the commanding general be, and he is hereby, authorized to prescribe a system of examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interest of the service. If any officer fails to appear for examination within thirty days after notification to so appear or fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said examination, shall receive the proProviso. motion: And provided, That should the officer fail in his for physical physical examination 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 Suspension, fail for any other reason he shall be suspended from pro Retirement disability. etc. motion for ninety days, when he shall be reexamined, and in case of failure on such reexamination he shall be honorably discharged." Following section twenty-three and between that section and section twenty-four insert the following additional sections: for second "SEC. 18. That the commanding general be, and he is, Examinations hereby, authorized to prescribe a system of examination lieutenancies. of enlisted men to determine their fitness for promotion to the grade of second lieutenant. examination of "SEC. 19. That whenever, in the opinion of the com- Physical, etc., manding general of the militia of the District of Colum- officers. bia, an officer of the said militia has become incapacitated for the performance of duty for any reason, the commanding general shall submit the name of such officer to the Secretary of War, with a view to his being ordered before a board of examination, to be appointed by the Secretary of War, which board shall examine said officer as to his physical, mental, and military qualifications. "If any officer shall fail to appear before a board of Certificate to examination so appointed within thirty days after being notified, or shall fail to pass a satisfactory examination, the fact shall be certified by the board to the commanding general, who shall forward the record of examination to the Secretary of War, with his recommendation thereon, for submission to the President. President. Retirement Provisos. Retirement at 64 years of "SEC. 20. That any commissioned officer in the Na- after ten years' tional Guard of the District of Columbia who shall have service. served as such in the National Guard of the District of Columbia for the continuous period of ten years may, upon his own application, be placed by the President of the United States upon a retired list, which is hereby authorized, with the rank held by him at the time such application is made: Provided, however, That an officer so retired who at the time of making such application has rank. remained in the same grade for the continuous period of ten years, or whose services have been especially meritorious, may be retired with increased rank of one grade and shall, before being so retired, receive from the President of the United States the commission of the new grade: Provided further, That whenever any officer on the active list reaches the age of sixty-four years he shall age. be retired; with or without increase of rank in the discretion of the President of the United States. Retired Retired offiofficers on occasions of ceremony may, and when acting uniforms, etc. under orders, as hereinafter provided, shall wear the uniform of the highest rank attained by them in the military service of the United States, the militia of the States or Territories, or the National Guard of the District of Columbia. Retired officers shall be eligible to perform any military duty to the same extent as if not retired, military and the commanding general may, in his discretion, by order, require them to serve upon military boards, courts of inquiry, and courts-martial, or to perform any other special or temporary duty, and for such service they shall receive the same pay and allowances as are provided by law for like service by officers on the active list of the cers may wear Service boards, etc. on Pay and allowances. |