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930. The President may, by and with the advice and consent of the Senate, appoint a chaplain for each regiment of, colored troops, and thirty post-chaplains. Provided, That no appointment of regimental or post-chaplains shall made until those on waiting orders are assigned.

pp. 333, 337: Mar. 2, 1867, c. 145,
15, 1870, c. 294, s. 12, v. 16, p. 318.

be

Chaplains, number of.

July 7, 1838, c. Mar. 2, 1849. c.

194, v. 5, p. 308;

83, s. 3, v. 9, p. 351;

Apr. 9, 1864, c. 53,

s. 1, v. 13, p. 46; July 28, 1866, c. 299, ss. 7, 30, v. 14, s. 7. v. 14, p. 423; July Sec. 1121, R. S.

Rank, etc., of

chaplains.

931. Chaplains shall have the rank of captain of infantry, without command, and shall be on the same footing with other officers of the Army, as to tenure of office, retire-July 28, 1866, c.

ment, and pensions.

Apr. 9, 1864, c.

53, s. 1, v. 13, p.46;

299, ss. 7, 30, v. 14, pp. 333, 337; Mar.

2, 1867, c. 145, s. 7, v. 14. p. 423; July 15, 1870, c. 294, s. 12, v. 16, p. 318.

932. No person shall be appointed as regimental or post chaplain until he shall furnish proof that he is.a regularly. ordained minister of some religious denomination, in good standing at the time of his appointment, together with a recommendation for such appointment from some authorized ecclesiastical body, or from not less than five accredited ministers of said denomination.

Sec. 1122, R. S.

of.

Qualifications
July 17, 1862, c.

200, s. 8, v. 12, p.

595.

Sec. 1123, R. S.

gymen.
Apr. 9, 1864, c.
53, s. 4, v. 13, p. 46.

933. All regimental chaplains and post-chaplains shall, Duties as clerwhen it may be practicable, hold appropriate religious services, for the benefit of the commands to which they may Sec. 1125, R. S. be assigned to duty, at least once on each Sunday, and shall perform appropriate religious burial services at the burial of officers and soldiers who may die in such commands. 934. The duty of chaplains of regiments of colored troops and of post-chaplains shall include the instruction of the enlisted men in the common English branches of education.

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For statutory provisions respecting post schools, see the chapter entitled ENLISTED MIX These schools are administered in accordance with paragraphs 290, 310, 312, 17724, 1006, 1014-1019, 1021, 1022, and 1024 of the Army Regulations of 1895. For dates and assignments of chaplains, see paragraphs 38-41, Army Regulations of

Duties

as

school-teachers.

July 5.1838, e. 259: July 28, 1866,

162, s. 18. v. 5, p.

c. 299, s. 30, v. 14, p. 337.

Sec. 1124, R. S.

ports.

53, s. 3, v. 13, p. 46;

Monthly re- 935. Post[,] hospital and regimental chaplains shall make Apr. 9, 1864, c. monthly reports to the Adjutant-General of the Army, Feb. 27, 1877, c, through the usual military channels, of the moral condition Sec. 1126, R. S. and general history of the regiments or posts to which they

69, v. 19, p. 242.

performance of

duties.

may be attached.

Facilities in 936. It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the 53, s. 3, v. 13, p. 46. same for duty, such facilities as may aid them in the performance of their duties.

Apr. 9, 1864, c.

Sec. 1127, R.S.

CHAPTER XXVI.

Par

COMMISSIONED OFFICERS.

: Par.

97. Appointments to be to arm of 946. Promotion of enlisted men;

service.

3 Promotion by seniority.

qualifications.

1947. Examination board.

K. Assignment and transfer of 948. Examinations; certificates of

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arm or corps in which a 957. Officers dismissed by Presi

vacancy exists; additional

second lieutenants.

945. Graduates to receive pay as

second lieutenants from

dent may demand trial.

graduation.

APPOINTMENTS.

to be to arm of

937. Hereafter all appointments in the line of the Army Appointments shall be by commission in an arm of the service and not by service. commission in any particular regiment.

tober 1, 1890 (26 Stat. L., 562).

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Sec. 2, act of Oc

As appointment or commission in order to take effect at all must be accepted; but when accepted it takes effect as of and from its date, 1. e, the date on which it is amported by the a għature of the appointing power, or that as and from which it purin terms to be operative Dig J. A Gen_149. See also Marbury v. Madison, azh. 1-7 I Bradley, 10 Pet, 304. Use LeBaron 19 How 78. Mont- I SC Cl R Sce, also, chapter entitled THE EXECUTIVE The power of the President to fil a vacancy in the Army during a recess of the he exere sed by a letter from the Secretary of War, and such a letter Pay constitute la comation on there being no law which prescribes the form of a tary O Shea e US, 2C Cl« R [192] Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice at Loewent of the woate Collins e. U S ̊, 14 C. Cl« R 22 Dig. J. A. Gen, 16 Aner of the Army or Navy of the United States does not hold his office bingirt but at the wil of the sovereign power Crenshaw US, 14U.S. 98. Forstat tory provisions respecting appointments to the lowest grades in the several maff curjun bug the chapters so chtitied.

CHAPTER XXIII.

Chief Signal

Officer; duties.

Par.

THE SIGNAL DEPARTMENT.

Par.

913. Chief Signal Officer; duties. 921. Enlisted men to make returns

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913. That the Chief Signal Officer shall have charge, Sec. 2. Oct. 1, under the direction of the Secretary of War, of all military 1890, v. 26, p. 653. signal duties, and of books, papers, and devices connected

therewith, including telegraph and telephone apparatus and the necessary meteorological instruments for use on target ranges, and other military uses; the construction, repair, and operation of military telegraph-lines, and the duty of collecting and transmitting information for the Army by telegraph or otherwise, and all other duties usually pertaining to military signaling; and the operations of said corps shall be confined to strictly military matters.' Sec. 2, act of October 1, 1890 (26 Stat. L., 653).

The act of June 16, 1880 (21 Stat. L.. 267), contained a provision conferring o the Chief Signal Officer the rank and pay of a brigadier general. The rank atta. to the office under section 1195, Revised Statutes, was that of a colonel of cavalry The duties performed by this officer in connection with the observation and reuset of storms were, by the act of October 1, 1890 (26 Stat. L., 653), transferred to the Depart ment of Agriculture. This statute, which became operative on July 1. 1891, contailed the following provisions:

SEC. 3. That the Chief of the Weather Bureau, under the direction of the Secre tary of Agriculture, on and after July first eighteen hundred and ninety one wa bave charge of the forecasting of weather, the issue of storm warnings thed s; ar of weather and flood signals for the benefit of agriculture, commerce, and navigation the gauging aud reporting of rivers, the maintenance and operation of seacoast tem graph lines and the collection and transmission of marine intelligence for the bet 31 of commerce and navigation, the reporting of temperature and rain fall condit for the cotton interests, the display of frost and cold-wave signals, the distribal va of meteorological information in the interests of agriculture and commerce, seithe taking of such meteorological observations as may be necessary to establish are record the climatic conditions of the United States, or as are essential for the proper execution of the foregoing duties.

SEC. 5. That the enlisted force of the Signal Corps, excepting those hereinafter

914. That in addition to the Chief Signal Officer the The Signal Corps; composi commissioned force of the Signal Corps shall hereafter tion. Sec. 6, ibid. consist of one major, four captains (mounted), and four first heutenants (mounted), who shall receive the pay and allow ances of like grades in the Army. The officers herein provided for shall be appointed from the Army, including heutenants of the Signal Corps, preference being given to officers who have performed long and efficient service in the Signal Service: Provided, That no appointment shall be made until a board, to be appointed by the Secretary of War, shall have submitted a report recommending officers for appointment in the Signal Corps in the order of merit, based upon the importance and usefulness of work performed in the Signal Service, as said board may determine from the official records. And such second lieutenants of the Signal Corps as may not be promoted under the provisions of this act shall be appointed second lieutenants in the line of the Army with present date of commission, and shall be assigned to the first vacancies which may occur in the grade of second lieutenant after the appointments herein. provided for have been made. Sec. 6, ibid.

915. That whenever a vacancy in the grade of brigadier general shall occur in the office of Chief Signal Officer, said vacancy shall not be filled, but said grade shall cease and determine, and thereafter the commissioned force of the Signal Corps shall consist of one colonel, who shall be the Chief Signal Officer of the Army, and selected from the Corps, and one lieutenant-colonel, one major, and three captains (mounted) to be appointed from the Corps according to seniority, and three first lieutenants (mounted) to be appointed as now provided by law, who shall each receive the pay and allowances of like grades in the Army, and the officers of the Signal Corps shall retain the commis sions held by them at the date of the next vacancy in the office of Chief Signal Officer, unless promoted in compliance with law. Act of August 6, 1894 (28 Stat, L., 234).

pr - ded for, shall be honorably discharged from the Army on June thirtietheshtown kindred and ninety one, and such portion of this entire force incinding the Gyman ea.ployees of the Signal Service, as may be necessary for the proper perfarm ance of the duties of the Weather Burcau shall, if they no clect, be trans is red to the Department of Agriculture and the con pensation of the force so transferred shall continue as it shall be in the Signal Service on June thirtieth, ere hundred and ninety one until otherwise pro ded by law Provided That àm comervers serving inthenghai Nervice at said date si be entitled to prefer ence over other persons not in the Signal Service for appointment in the Weather E reau to places for which they may be properly qualified until the expiration of the tirse for which they were list colisted

For statutory provisions respecting sale of surplus publications see paragraph 76,

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Reorganization

of officers

Aug. 6, 1894, v.

28 p. 234.

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