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THE LVITH CONGRESS.

PUBLIC ACTS AND RESOLUTIONS OF THE SECOND SESSION (1900

By the act approved army for the fiscal year Relations with Cuba.

1901).

March 2, 1901, "Making appropriation for the support of the ending June 30, 1902," the President of the United States is authorized to "leave the government and control of the island of Cuba to its people" on the fulfilment of certain conditions. The proviso containing this authorization is as. follows: "That in rulfilment of the declaration contained in the joint resolution approved April 20, 1898, entitled, 'For the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States, to carry these resolutions into effect,' the President is hereby authorized to leave the government and control of the island of Cuba to its people' so soon as a government shall have been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba, substantially as follows: 1. That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgment in or control over any portion of said island. 2. That said government shall not assume or contract any public debt, to pay the interest upon which, and to make reasonable sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of government, shall be inadequate. 3. That the government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba. 4. That all acts of the United States in Cuba during its military Occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected. 5. That the government of Cuba will execute, and as far as necessary extend, the plans already devised or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the Southern ports of the United States and the people residing therein. 6. That the Isle of Pines shall be omitted from the proposed constitutional boundaries of Cuba, the title thereto being left to future adjustment by treaty. 7. That to enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defence, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points, to be agreed upon with the President of the United States. 8. That by way of further assurance the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States." In the same act provision is made for the establishment of a civil form of government for the Philippine Islands, as follows: "All military, civil, and judicial powers Civil Government for the Philippines.

necessary to govern the Philippine Islands, acquired from Spain by the treaties concluded at Paris on December 10, 1898, and at Washington on November 7, 1900, shall, until otherwise provided by Congress, be vested in such person and persons and shall be exercised in such manner as the President of the United States shall direct, for the establishment of civil government and for maintaining and protecting the inhabitants of said islands in the free enjoyment of their liberty, property and religion: Provided, That all franchises granted under the authority hereof shall contain a reservation of the right to alter, amend or repeal the same. Until a permanent government shall have been established in said archipelago full reports shall be made to Congress on or before the first day of each regular session of all legislative acts and proceedings of the temporary government instituted under the provisions hereof; and full reports of the acts and doings of said government, and as to the condition of the archipelago and of its people, shall be made to the President, including all information which may be useful to the Congress in providing for a more permanent government: Provided, That no sale or lease or other disposition of the public lands or the timber thereon or the mining rights therein shall be made: And provided further, That no franchise shall be granted which is not approved by the President of the United States, and is not in his judgment clearly necessary for the immediate government of the islands and indispensable for the interest of the people thereof, and which cannot, without great public mischief, be postponed until the establishment of permanent civil government; and all such franchises shall terminate one year after the establishment of such permanent civil government."

By the act approved January 16, 1901, the Federal House of Representatives is to consist after March 3, 1903, of 386 members-an increase of twenty-nine over the present number. Representatives are allotted among the several States as follows: Alabama, nine; Arkansas, seven; California, eight; Colorado, three; Connecticut, five;

Delaware, one; Florida, three; Georgia, eleven; Idaho, one; Illinois, twenty-five; Indiana, thirteen; Iowa, eleven; Kansas, eight; Kentucky, eleven; Louisiana, seven; Maine, four; Maryland, six; Massachusetts, fourteen; Michigan, Reapportionment of twelve; Minnesota, nine; Mississippi, eight; Missouri, sixRepresentatives in teen; Montana, one; Nebraska, six; Nevada, one; NewCongress. Hampshire, two; New-Jersey, ten; New-York, thirty-seven; North Carolina, ten; North Dakota, two; Ohio, twenty-one; Oregon, two; Pennsylvania, thirty-two; Rhode Island, two; South Carolina, seven; South Dakota, two; Tennessee, ten; Texas, sixteen; Utah, one; Vermont, two; Virginia, ten; Washington, three; West Virginia, five; Wisconsin, eleven; Wyoming, one. Representatives assigned to new States admitted to the Union shall be in addition to the number 386. Representatives shall be elected in each State from districts "composed of contiguous and compact territory and containing as nearly as practicable an equal number of inhabitants." The districts must equal in number the number of Representatives allotted to each State; but in cases where increased representation is allowed the additional members are to be elected at large, until a new apportionment is made by the State Legislature.

Reorganization.

The act approved February 2, 1901, "To increase the efficiency of the permanent military establishment of the United States," provides for an enlarged and radically reorganized standing army. The first eleven sections preArmy scribe a minimum and a maximum enlisted strength for each branch of the service, and also fix the grades and numbers of line officers assigned to each arm. The army is to consist hereafter of "fifteen regimerts of cavalry, a corps of artillery, thirty regiments of infantry, one lieutenant-general, six major-generals, fifteen brigadier-generals, an Adjutant-General's Department, an Inspector-General's Department, a Judge Advocate-General's Department, a Quartermaster's Department, a Subsistence Department, a Medical Department, a Pay Department, a Corps of Engineers, an Ordnance Department, a Signal Corps, the officers of the Record and Pension Office, the chaplains, the officers and enlisted men of the army on the retired list, the professors, corps of cadets, the army detachments and band at the United States Military Academy, Indian scouts as now authorized by law, and such other officers and enlisted men as may hereinafter be provided for."

Each regiment of cavalry is to consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants and fifteen second lieutenants; two veterinarians, one sergeant-major, one quartermaster-serThe Cavalry. geant, one commissary-sergeant, three squadron sergeantsmajor, two color-sergeants with rank, pay and allowances of squadron sergeant-major, one band, and twelve troops organized into three squadrons of four troops each. Squadron adjutants shall receive $1,800 per annum and the allowances of first lieutenants; squadron quartermasters and commissaries shall receive $1,600 per annum and the allowances of second lieutenants. Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, six sergeants, six corporals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters and forty-three privates. The President, in his discretion, may increase the number of corporals in any troop of cavalry to eight, and the number of privates to seventy-six, but the total number of enlisted men authorized for the whole army shall not at any time be exceeded.

In the artillery arm the regimental organization is discontinued and that arm is to be designated as the Artillery Corps. It is to comprise two branches-coast artillery -the portion charged with the care and use of land and The Artillery. coast fortifications, including submarine mine and torpedo defences and field artillery-the portion accompanying an army in the field, including field and light artillery proper, horse artillery, siege artillery, mountain artillery and machine gun batteries. All officers of artillery are to be placed on one list, in respect to promotion, according to seniority in their several grades, and shall be assigned to coast or to field artillery according to special aptitude. The Artillery Corps is to consist of a chief of artillery, detailed by the President from the colonels of artillery, to serve on the staff of the general officer commanding the army, with duties prescribed by the Secretary of War; fourteen colonels, one of whom shall be the chief of artillery; thirteen lieutenant-colonels, thirty-nine majors, 195 captains, 195 first lieutenants, 195 second lieutenants, twenty-one sergeants-major with the rank, pay and allowances of regimental sergeants-major of infantry; twenty-seven sergeants-major with the rank, pay and allowances of battalion sergeants-major of infantry; one electrician sergeant to each coast artillery post having electrical appliances; thirty batteries of field artillery, 126 batteries of coast artillery, and ten bands organized as now authorized by law for artillery regiments. The aggregate number of enlisted men for the artillery shall not, however, exceed 18,920, exclusive of electrician sergeants. Each company of coast artillery is to be organized as is now prescribed by law for a battery of artillery. But the enlisted strength of any company may be fixed, under the direction of the Secretary of War, according to the requirements of the service to which it may be assigned. First class gunners are to receive $2 a month, and second class guners $1 per month in addition to their pay. Each battery of field artillery is to be organized as is now prescribed by law, the enlisted strength to be fixed by the Secretary of War. The increase for the artillery is to be made as follows: Not less than 20 per centum before July 1, 1901, and not less than 20 per centum each succeeding twelve months until the total number provided for shall have been attained. All vacancies caused by this act are to be

filled by promotion according to seniority in the artillery arm. Second lieutenants of infantry or cavalry may, in the discretion of the President, be transferred to the artillery arm, taking rank therein according to date of commission, and such transfers shall be subject to approval by a board of artillery officers appointed to pass upon the capacity of such officers for artillery service. But the increase of officers of artillery shall be only in proportion to the increase of men.

Each regiment of infantry is to 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 comThe Infantry. missary-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. Battalion adjutants shall receive $1,800 per annum and the allowances of first lieutenants, mounted; battalion quartermasters and commissaries shall receive $1,600 per annum and the allowances of second lieutenants, mounted. 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 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 127. The enlisted force of the Corps of Engineers is to consist of one band and three battalions of engineers. The engineers' band shall be organized as now provided by law for bands of infantry regiments. Each battalion of engineers shall consist of one sergeantmajor, one quartermaster-sergeant and four companies. Each company of engineers shall consist of one first sergeant, one quartermaster-sergeant, with the rank, pay and allowances of sergeant, eight sergeants, ten corporals, two musicians, two cooks, thirtyeight first class and thirty-eight second class privates. The President may, in his discretion, increase the number of sergeants in any company of engineers to twelve, the number of corporals to eighteen, the number of first class privates to sixty-four and the number of second class privates to sixty-four. Officers detailed from the Corps of Engineers to serve as battalion adjutants and battalion quartermasters and commissaries shall, while so serving, receive the pay and allowances of battalion staff officers of infantry regiments. Sections 12 to 27, inclusive, deal with the organization and functions of the staff departments. Chaplains are to be appointed, one for each regiment of cavalry and infantry, and twelve for the artillery corps, with rank, pay and allowances of captains of infantry, The office of post chaplain is abolished. Every appointee must be less than forty years old.

The Adjutant-General's Department is to consist of one adjutant-general with the rank of major-general (during the service of the present incumbent only; after that the adjutant-general is to be a brigadier-general), five asThe Staff sistant adjutants-general with the rank of colonel, seven Departments. assistant adjutants-general with the rank of lieutenantcolonel, and fifteen assistant adjutants-general with the rank of major. All corps vacancies created by reorganization are to be filled, as far as possible, by promotion according to seniority of officers of the AdjutantGeneral's Department. The Inspector-General's Department is to consist of one inspector-general with the rank of brigadier-general, four inspectors-general with the rank of colonel, four inspectors-general with the rank of lieutenant-colonel, and eight inspectors-general with the rank of major. All resulting vacancies to be filled, as far as possible, by promotion according to seniority of officers of the InspectorGeneral's Department. The Judge Advocate-General's Department is to consist of one juage advocate-general with the rank of brigadier-general, two judge advocates with the rank of colonel, three judge advocates with the rank of lieutenant-colonel, six judge advocates with the rank of major, and for each geographical department or tactical division of troops not provided with a judge advocate from the list of officers holding permanent commissions in the Judge Advocate-General's Department one acting judge advocate with the rank, pay and allowances of captain, mounted. Promotions to vacancies above the grade of major to be made, according to seniority, from officers now holding commission in the Judge Advocate-General's Department. Vacancies in the grade of major may be filled by appointment of officers holding commis-. sions as judge advccate of volunteers since April 21, 1898. Vacancies which may occur thereafter in the grade of major in the Judge Advocate-General's Department shall be. filled by the appointment of officers of the line, or of persons who have satisfactorily served as judge advocates of volunteers since April 21, 1898, or of persons from civil life not over thirty-five years of age, who shall pass a satisfactory examination prescribed by the Secretary of War. Acting judge advocates are to be detailed from officers of the grades of captain or first lieutenant of the line, who, while so serving, shall continue to hold their commissions in the arm of the service to which they belong. Upon completion of a tour of duty not exceeding four years they shall be returned to the arm in which commissioned, and shall not be again detailed until they shall have completed two years' duty with that arm. The Quartermaster's Department is to consist of one quartermaster-general with the rank of brigadier-general, six assistant quartermasters-general with the rank of colonel, nine deputy quartermastersgeneral with the rank of lieutenant-colonel, twenty quartermasters with the rank of major, sixty quartermasters with the rank of captain, mounted; the military storekeeper now provided for by law, and 150 post quartermaster-sergeants. All vacancies In the grade of colonel, lieutenant-colonel and major created by this section to be filled by promotion according to seniority. To fill original vacancies created in the grade of captain the President is authorized to appoint officers of volunteers commissioned in the Quartermaster's Department since April 21, 1898. The President is also

The

authorized to continue in service for duty in the Philippine Islands and on transports, twenty-four captains and assistant quartermasters of volunteers this authority to extend only for the period in which their services shall be absolutely necessary. Subsistence Department is to consist of one commissary-general with the rank of brigadier-general, three assistant commissaries-general with the rank of colonel, four deputy commissaries-general with the rank of lieutenant-colonel, nine commissaries with the rank of major, twenty-seven commissaries with the rank of captain, mounted, and the number of commissary-sergeants now authorized by law, who shall hereafter be known as post commissary-sergeants. All resulting vacancies in the grades of colonel, lieutenant-colonel and major are to be filled by promotion, according to seniority. To fill original vacancies in the grade of captain the President is authorized to appoint officers of volunteers commissioned in the Subsistence Department since April 21, 1898 The Medical Department is to consist of one surgeon-general with the rank of brigadier-general, eight assistant surgeons-general with the rank of colonel, twelve deputy surgeons-general with the rank of lieutenant-colonel, sixty surgeons with the rank of major, 240 assistant surgeons with the rank of captain or first lieutenant, the Hospital Corps, as now authorized by law, and the Nurse Corps. All vacancies created in the grades of colonel, lieutenant-colonel and major are to be filled by promotion according to seniority, subject to examination. The period during which any assistant surgeon shall have served as a surgeon or assistant surgeon in the volunteer army during the war with Spain or since shall be counted as a portion of the five years' service required to entitle him to rank as captain. In emergencies the Surgeon-General of the Army, with the approval of the Secretary of War, may appoint as many contract surgeons as may be necessary, at a compensation not to exceed $150 per month. On or after the passage of this act the President may appoint for duty in the Philippine Islands fifty surgeons of volunteers with the rank and pay of major, and 150 assistant surgeons of volunteers with the rank and pay of captain, mounted, for a period of two years: Provided, That so many of these vol. unteer medical officers as are not required shall be honorably discharged whenever in the opinion of the Secretary of War their services are no longer necessary. Assistant surgeons in the volunteer army commissioned by the President as captains, in accordance with the act of March 2, 1899, shall be entitled to the pay of captain, mounted, 'from acceptance of such commission. The Surgeon-General of the Army, with the approval of the Secretary of War, is authorized to employ dental surgeons in the proportion of not to exceed one for every one thousand officers and enlisted men, and not exceeding thirty in all. Said dental surgeons shall be employed as contract dental surgeons under the terms and conditions applicable to army contract surgeons, and shall be graduates of standard medical or dental colleges, trained in the several branches of dentistry, of good moral and professional character, and shall pass a satisfactory professional examination. Dental college graduates now employed in the Hospital Corps detailed as dental surgeons for a period of not less than twelve months, who are shown to have rendered satisfactory service, may be appointed contract dental surgeons without examination. The Secretary of War is authorized to appoint in the Hospital Corps, in addition to the 200 hospital stewards now allowed by law, 100 hospital stewards. Men who have served as hospital stewards of volunteer regiments or acted in that capacity during and since the Spanish-American war for more than six months may be appointed hospital stewards in the regular army. But all men so appointed shall be of good moral character and shall have passed a satisfactory mental and physical examination. The Nurse Corps (female) shall consist of one superintendent, to be appointed by the Secretary of War, who shall be a graduate of a hospital training school having a course of instruction of not less than two years, whose term of office may be terminated at his discretion, whose compensation shall be $1,800 per annum, and of as many chief nurses, nurses and reserve nurses as may be needed. Reserve nurses shall receive no compensation except when on duty. All nurses in the Nurse Corps shall be appointed or removed by the Surgeon-General, with the approval of the Secretary of War; they shall be graduates of hospital training schools, and shall have passed a satisfactory professional, moral, mental and physical examination. The pay and allowances of nurses and of reserve nurses, when on active service, shall be $40 per month when on duty in the United States, and $50 per month when without the limits of the United States, They shall be entitled to quarters, subsistence and medical attendance during illness, and they may receive leaves of absence for thirty days, with pay, for each calendar year; and, when serving as chief nurses, their pay may be increased by authority of the Secretary of War, such increase not to exceed $25 per month. The grade of veterinarian of the second class in cavalry regiments is abolished. Two veterinarians are authorized for each. cavalry regiment and one for each artillery regiment, to receive the pay and allowances of second lieutenants, mounted. The Pay Department is to consist of one paymaster-general with the rank of brigadier-general, three assistant paymasters-general with the rank of colonel, four deputy paymasters-general with the rank of lieutenantcolonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain, mounted. All vacancies created in the grade of colonel and lieutenant-colonel are to be filled by promotion according to seniority, and no more appointments to the grade of major and paymaster made until the number of majors and paymasters is reduced below twenty. Persons who have served in the volunteer army since April 21, 1898, as additional paymasters may be appointed to positions in the grade of captain. So long as there remain surplus majors, an equal number of vacancies shall be held in the grade of captain, so that the total number of paymasters. authorized shall not be exceeded at any time.

The Corps of Engineers is to consist of one chief of engineers with the rank of

brigadier-general, seven forty captains, forty first Engineers and Ordnance.

colonels, fourteen lieutenant-colonels, twenty-eight majors, lieutenants and thirty second lieutenants. The enlisted force and the officers serving therewith shall constitute a part of the line of the army. The chief of engineers is to be selected as now provided by law, and vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be filled, as far as possible, by promotion according to seniority from the Corps of Engineers. Vacancies remaining in the grades of first and second lieutenant may be filled by transfer of officers of the regular army, subject to such professional examinations as may be approved by the Secretary of War. Vacancies in the grade of second lieutenant not filled by transfer shall be left for future promotions from the corps of cadets at the United States Military Academy. The Ordnance Department is to consist of one chief of ordnance with the rank of brigadier-general, four colonels, six lieutenant-colonels, twelve majors, twentyfour captains and twenty-four first lieutenants, the ordnance storekeeper, and the enlisted men, including ordnance sergeants, now authorized by law. All vacancies created by reorganization shall, as far as possible, be filled by promotion according to seniority. The Signal Corps is to consist of one chief signal officer with the rank of brigadier-general, one colonel, one lieutenant-colonel, four majors, fourteen captains, fourteen first lieutenants, eighty first class sergeants, 120 sergeants, 150 corporals, 250 first class privates, 150 second class privates and ten cooks. Vacancies thus created are to be filled by promotion of officers of the Signal Corps according to seniority. Vacancies remaining after such promotions may be filled by appointment of persons who have served in the Volunteer Signal Corps since April 21, 1898. President is authorized to continue in service for duty in the Philippine Islands five volunteer signal officers with the rank of first lieutenant and five volunteer signal officers with the rank of second lieutenants; but only for the period when their services may be absolutely necessary. The officers of the Record and Pension Office of the War Department shall be a chief of said office with the rank of brigadier-general and an assistant chief of said office with the rank of major; but any person appointed to be chief of the Record and Pension Office after the passage of this act shall have the rank of colonel.

The

Sections 26 and 27 apply in part to the staff departments, the principle of details from the line of the army. They are as follows: "Section 26. That so long as there remain any officers holding permanent appointments in the Details from Adjutant-General's Department, the Inspector-General's the Line. Department. the Quartermaster's Department, the Subsistence Department, the Pay Department, the Ordnance Department and the Signal Corps, including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of Sections 16, 17, 21 and 24 of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which the officers so promoted shall hold their appointments, and when any vacancy, except that of the chief of the department or corps, shall occur, which cannot be filled by promotion as provided in this section, it shall be filled by detail from the line of the army, and no more permanent appointments shall be made in those departments or corps after the original vacancies created by this act shall have been filled. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. All officers so detailed shall serve for a period of four years, at the expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they shall have served two years with the line. That when vacancies shall occur in the position of chief of any staff. corps or department the President may appoint to such vacancies, by and with the advice and consent of the Senate, officers of the army at large not below the rank of lieutenant-colonel, and who shall hold office for terms of four years. When a vacancy

in the position of chief of any staff corps or department is filled by the appointment of an officer below the rank now provided by law for said office, said chief shall, while so serving, have the same rank, pay and allowances now provided for the chief of such corps or department. And any officer now holding office in any corps or department who shall hereafter serve as chief of a staff corps or department and shall subsequently be retired, shall be retired with the rank, pay and allowances authorized by law for the retirement of such corps or department chief: Provided, That so long as there remain in service officers of any staff corps or department holding permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein. Section 27. That each position vacated by officers of the line, transferred to any department of the staff for tours of service under this act, shall be filled by promotion in the line until the total number detailed equals the number authorized for duty in each staff department. Thereafter vacancies caused by details from the line to the staff shall be filled by officers returning from tours of staff duty. If under the operation of this act the number of officers returned to any particular arm of the service at any time exceeds the number authorized by law in any grade, promotions to that grade shall cease until the number has been reduced to that authorized." Section 28 prescribes the method of filling vacancies in the field grades of the line of the army as follows: "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. 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

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