of four years who may be reappointed for further periods of four years each, with the rank of a lieutenant-colonel in the Army and a commander in the Navy, and who shall have the pay and allowances of a lieutenant-colonel in the Army; and six senior engineers, who shall perform duty in connection with the construction and inspection of the machinery of vessels and such other duties as the Secretary of the Treasury may prescribe, each with the rank of a major in the Army and a lieutenant-commander in the Navy, and who shall each. have pay and allowances of a major in the Army: Provided, That the position vacated by an officer appointed captain commandant or engineer in chief shall be filled by promotion according to existing law. (35 Stat. 61.)

This was part of section 1 of an act entitled "An act to increase the efficiency of the personnel of the Revenue-Cutter Service," cited above.

The part of this section following these provisions is set forth post, § 5424. Other sections of this act are set forth post, §§ 5406-5410, 5414, 5416, 5425, 5426, 5434, 5435, 5457.

The provisions for a chief of the division of the Revenue-Cutter Service and for an engineer in chief of the Service, made by Act July 31, 1894, c. 174, § 1, 28 Stat. 172, Act May 28, 1896, c. 252, § 1, 29 Stat. 149, and Act June 4, 1897, c. 2, § 1, 30 Stat. 17, were superseded by those of Act Feb. 27, 1906, c. 510, 34 Stat. 30, and this section.

§ 5406. (Act April 16, 1908, c. 145, § 2.) Selection of captain commandant and engineer in chief; promotion of senior captains and senior engineers; filling vacancies.

The captain commandant shall be selected from the active list of line officers not below the grade of captain; that the six senior captains shall be made by promotion from the active list of captains in the order of seniority; that the engineer in chief shall be selected from the active list of engineer officers not below the rank of first lieutenant; that the six senior engineers shall be made by promotion from the active list of engineer officers of the rank of first lieutenant in the order of seniority. When a vacancy occurs in any of the grades created by this Act, it shall be filled in accordance with the provisions of this section. (35 Stat. 62.)

See notes to section 1 of this act, ante, § 5405.

§ 5407. (Act April 16, 1908, c. 145, § 3.) Number on active lists of captains and of engineer officers with rank of first lieuten

ant.

When the appointments herein provided are made the active list of captains in the Revenue-Cutter Service shall be reduced by six and the active list of engineer officers with the rank of first lieutenant by six, and the said lists shall remain thereafter at thirtyone and twenty-eight, respectively. (35 Stat. 62.)

See notes to section 1 of this act, ante, § 5405.

§ 5408. (Act April 16, 1908, c. 145, § 4.) Promotion to grades created by act.

The examinations and requirements for promotion provided in section eight of the Act approved April twelfth, nineteen hundred and two, entitled "An Act to promote the efficiency of the Rev

enue-Cutter Service," shall not be required for promotion to the grades created by this Act. (35 Stat. 62.)

See notes to section 1 of this act, ante, § 5405.

Act April 12, 1902, c. 501, § 8, mentioned in this section, is set forth post, § 5413.

§ 5409. (Act April 16, 1908, c. 145, § 10.) Titles of engineer officers; precedence between line and engineer officers. Engineer officers who now have or who may hereafter have the rank of captain, first lieutenant, second lieutenant, or third lieutenant in the Revenue-Cutter Service shall hereafter have the title of captain of engineers, first lieutenant of engineers, second lieutenant of engineers, and third lieutenant of engineers, respectively, and the titles of chief engineer, first assistant engineer, and second assistant engineer are hereby abolished. That precedence between line and engineer officers of the same rank shall be determined by length of continuous service as a commissioned officer. (35 Stat. 63.)

See notes to section 1 of this act, ante, § 5105.

§ 5410. (Act April 16, 1908, c. 145, § 13.) Increase of number of officers in grades of second lieutenant and third lieutenant. The number of officers allowed in the grades of second lieutenant and third lieutenant and second lieutenant of engineers and third lieutenant of engineers is hereby increased five in each of said grades. (35 Stat. 63.)

See notes to section 1 of this act, ante. § 5405.

§ 5411. (Act June 23, 1906, c. 3520, § 4.) Civilian instructors; pay.

The Secretary of the Treasury is hereby authorized to employ two civilian instructors in the Revenue-Cutter Service, one at a salary of two thousand dollars per annum and one at a salary of one thousand eight hundred dollars per annum. (34 Stat. 453.)

See notes to section 1 of this act, ante, § 5403.

§ 5412. (R. S. § 2752.) Qualifications of captains and lieutenants. No person shall be appointed to the office of captain, first, second, or third lieutenant, of any revenue-cutter, who does not adduce competent proof of proficiency and skill in navigation and seamanship.

Act March 2, 1855, c. 141, § 2, 10 Stat. 630.

Examinations of officers for the purpose of placing those permanently incapacitated on waiting orders, out of the line of promotion, and examinations for promotion, were required by provisions of Act April 12, 1902, c. 501, §§ 5-8, post, §§ 5413, 5420-5422, which superseded previous provisions for retirement and promotion made by Act March 2, 1895, c. 189, § 1, 28 Stat. 920. § 5413. (Act April 12, 1902, c. 501, § 8.) Promotions to fill vacancies consequent on retirement; examinations for promotion.

When any commissioned officer is retired from active service, the next officer in rank shall be promoted according to the es

tablished rules of the service, and the same rule of promotion shall be applied successively to the vacancies consequent upon such retirement: Provided, That all promotions shall be subject to examination to determine the professional qualifications of the candidates, and such examination shall be wholly written before a board of officers of the Revenue-Cutter Service, and their physical qualifications shall be reported upon by a board of medical officers of the MarineHospital Service; and such board shall be convened by the Secretary of the Treasury whenever the exigencies of the service require. (32 Stat. 101.)

See notes to section 1 of this act, ante, § 5401, and to R. S. § 2752, ante, § 5412.

The examinations and requirements for promotion provided by this section were not required for promotion to the grades created by Act April 16, 1908, c. 145, by section 4 of that act, set forth ante, § 5408.

§ 5414. (Act April 16, 1908, c. 145, § 9.) Promotion of third lieutenants or engineer officers; restriction on number.

A third lieutenant or an engineer officer with the rank of third lieutenant who has served five years in his grade shall, upon passing the examinations now required by law, be eligible to promotion to the next higher grade: Provided, That there shall be no increase in the total number of lieutenants nor in the total number of engineer officers below the rank of first lieutenant authorized by law: Provided further, That nothing in this section shall be construed to prevent promotions to fill vacancies as now provided by law. (35 Stat. 63.) See notes to section 1 of this act, ante, § 5405.

(R. S. § 2753. Superseded.)

This section, as enacted in the Revised Statutes, was as follows:

"The compensation of the officers of the revenue-cutter service shall be at the following rates while on duty:

"Captains, twenty-five hundred dollars a year each.

"First lieutenants and chief engineers, eighteen hundred dollars a year each. "Second lieutenants and first assistant engineers, fifteen hundred dollars a year each.

"Third lieutenants and second assistant engineers, twelve hundred dollars a year each.

"And at the following rates while on leave of absence or while waiting orders:

"Captains, eighteen hundred dollars a year each.

"First lieutenants and chief engineers, fifteen hundred dollars a year each. "Second lieutenants and first assistant engineers, twelve hundred dollars a year each.

"Third lieutenants and second assistant engineers, nine hundred dollars a year each."

It was superseded by the subsequent provisions of Act April 12, 1902, c. 501, 3, post, § 5415.

§ 5415. (Act April 12, 1902, c. 501, § 3.) Pay and allowances of commissioned officers.

The commissioned officers of the United States Revenue-Cutter Service shall hereafter receive the same pay and allowances, except forage, as are now or may hereafter be provided by law for officers

of corresponding rank in the Army, including longevity pay. (32 Stat. 100.)

See notes to section 1 of this act, ante, § 5401.

This section superseded R. S. § 2753, and other previous provisions prescribing the pay of officers of the service.

The pay of officers on the retired or permanent waiting-orders list was prescribed by section 9 of this act, set forth post, § 5423.

Allowances for traveling expenses of officers of the Revenue-Cutter Service detailed for duty in the Life-Saving Service were authorized by a provision of Act July 1, 1902, c. 1351, post, § 8463.

Oath to an officer's pay accounts, was made unnecessary by Act June 23, 1906, c. 3520, § 5, post, § 5418.

Subsequent provisions relating to rank and pay of certain officers including the chief of the division of Revenue-Cutter Service and engineer in chief, were made by Act April 16, 1908, c. 145, § 1, post, § 5424.

The pay of cadets was $500 per annum and one ration per day, by a provision of Act Aug. 18, 1894, c. 301, § 1, post, § 5430.

Officers on duty were entitled to one Navy ration per day by R. S. § 2755, post, § 5437.

Allotment of pay was regulated by Act June 11, 1896, c. 420, § 1, post, § 5417.

§ 5416. (Act April 16, 1908, c. 145, § 7.) Pay of constructor or surgeon after fifteen years' service.

A constructor or surgeon, with the rank of first lieutenant, after fifteen years' service in the Revenue-Cutter Service shall have the pay and allowances of a captain. (35 Stat. 62.)

See notes to section 1 of this act, ante, § 5405.

§ 5417. (Act June 11, 1896, c. 420, § 1.) Allotment of pay.

That the Secretary of the Treasury be, and he is hereby, authorized to permit officers and others of the Revenue-Cutter Service to make allotments from their pay, under such regulations as he may prescribe, for the support of their families or relatives, for their own savings, or for other proper purposes, during such time as they may be absent at sea, on distant duty, or under other circumstances warranting such action. (29 Stat. 421.)

This was a proviso annexed to an appropriation for the Revenue-Cutter Service in the sundry civil appropriation act for the fiscal year 1897, cited above.

§ 5418. (Act June 23, 1906, c. 3520, § 5.) Officers' pay accounts; oath unnecessary.

Hereafter it shall not be necessary for any commissioned officer of the Revenue-Cutter Service to make oath to his pay accounts. (34 Stat. 453.)

See notes to section 1 of this act, ante, § 5403.

5419. (Act April 12, 1902, c. 501, § 4.) Retirement of officers. When any officer in the Revenue-Cutter Service has reached the age of sixty-four years he shall be retired by the President from active service; and when any officer has become incapable of performing the duties of his office he shall be either placed upon the

retired waiting-orders list or dropped from the service by the President, as hereinafter provided. (32 Stat. 100.)

See notes to section 1 of this act, ante, § 5401.

The provisions of this and following sections of this act superseded those of Act March 2, 1895, c. 189, § 1, 28 Stat. 920.

§ 5420. (Act April 12, 1902, c. 501, § 5.) Retiring board; composition; proceedings.

The Secretary of the Treasury, under the direction of the President, shall from time to time assemble a Revenue-Cutter Service retiring board, composed of officers of the Revenue-Cutter Service and medical officers of the Marine-Hospital Service, consisting of not less than five commissioned officers, two-fifths of whom shall be selected from medical officers of the Marine-Hospital Service, for the purpose of examining and reporting on such officers of the Revenue-Cutter Service as may be ordered by the Secretary of the Treasury to appear before it; and the members of said board shall be sworn, in every case, to discharge their duties honestly and impartially, the oath to be administered to the members by the president of the board, and to him by the junior member or recorder; and such board shall inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his office, and shall have such powers as may be necessary for that purpose; and when the board finds an officer incapacitated for active service it shall also find and report the cause which in its judgment has produced his incapacity, whether such cause is an incident of service, whether due to his own vicious habits, or the infirmities of age, or physical or mental disability. The proceedings and decisions of the board shall be transmitted to the Secretary of the Treasury, and shall by him be laid before the President for his approval or disapproval and his orders in the case. (32 Stat. 100.)

§ 5421. (Act April 12, 1902, c. 501, § 6.) Retirement to waitingorders list.

When a board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, or is due to the infirmities of age, or physical or mental disability, and not his own vicious habits, and such decision is approved by the President, he shall be retired from active service and placed upon a retired waiting-orders list. Officers thus retired may be assigned to such duties as they may be able to perform, in the discretion of the Secretary of the Treasury. (32 Stat. 101.)

§ 5422. (Act April 12, 1902, c. 501, § 7.) Removal for cause.

When a board finds that an officer is incapacitated for active service, and that such incapacity is the result of his own vicious habits and not due to any incident of service, and its decision shall be approved by the President, the officer shall be dropped from the service. (32 Stat. 101.)