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United States; and officers and enlisted men of volunteer organizations, who have served honestly and faithfully in the Volunteer Army of the United States during the war with Spain and have been honorably discharged without furlough, or by reason of their services being no longer required, or at any time by reason of wounds received, or disability contracted in the service and in the line of duty, and who have not received the extra pay granted in said actor in subsequent acts of Congress supplemental thereto: And this act shall be deemed to apply to officers of volunteers who resigned and enlisted men of volunteers who were discharged upon their own applications subsequent to the issue of orders for the muster out of their organizations and prior to the dates of muster out. Act of May 26, 1900 (31 Stat. L., 217).




2, v. 30, p. 784.

540. Officers who at any time were accountable or re

countability. sponsible for public property shall be required, before final., Jan. 12, 1839, . payment is made to them on discharge from the service, to obtain certificates of nonindebtedness to the United States from only such of the bureaus of the War Department to which the property for which they were accountable or responsible pertains, and the certificate from the Chief of the Division of Bookkeeping and Warrants, Treasury Department, and such certificates, accompanied by the affidavits of officers, of nonaccountability or nonresponsibility to other bureaus of the War Department, certified to by the commanding officer of the regiment or independent organization, shall warrant their final payment: Provided, That officers who have not been responsible at any time for public property shall be required to make affidavit of that fact, certified to by their commanding officers, which shall be accepted as sufficient evidence to warrant their final payment on their discharge from the service: Provided further, That mustering officers are empowered to administer oaths in all matters pertaining to the muster out of volunteers. Sec. 2, act of January 12, 1899 (30 Stat. L., 1784).


541. When the Secretary of War, in the exercise of his , Travel pay on discretion, has directed the discharge of any enlisted men order. of the regular or volunteer forces of the Army, and the 31, p. 708. orders or instructions directing such discharge stated that

June 6, 1900, v.

such enlisted men were entitled to travel pay, such order or instruction shall be sufficient authority for the payment to the soldiers of the traveling allowances provided for by section twelve hundred and ninety of the Revised Statutes. And officers of the Pay Department of the Army shall have credit in the settlement of their accounts for all payments made in obedience to said orders or instructions of the Secretary of War: Provideil, That soldiers discharged under such orders or instructions, which stated that such soldiers were entitled to travel pay, and who were absent by authority on the date of the muster out of their regiments or of discharge, are entitled to and will be paid traveling allowances from place of muster out of their regiments or the places designated in the final statements as the place of discharge to the place of enlistment or enrollment: Provided further, That the provisions of this act shall apply only to cases that have arisen or shall arise under orders or instructions for discharge with travel pay issued between April twenty-first, eighteen hundred and ninety-eight, and the date of the passage of this act: Providei further, That it shall not be held as applying to any case in which the order directing the discharge did not set forth that the soldier was entitled to travel pay. Act of June 6, 1900 (31 Stat. L., 708).



Retention colors,

30, p. 890.

542. That the Secretary of War be, and he is hereby, Feb 25, 1899, 1. authorized to permit volunteer regiments, on being mus

tered out of the service of the United States, to retain all of their regimental colors. Said colors shall be turned over to the State authorities to which said regiments belong, and the regimental quartermaster in making his returns may, in lieu of said colors and in full release therefor, file with the proper official of the War Department a receipt from the quartermaster-general of said State that said colors have been delivered to said State authorities. Act of February 25, 1899 (30 Stat. L., 890).





543. To meet the present exigencies of the military servMar. 2, 1899, s. 12, v. 30, p. 979. ice the President is hereby authorized to

* * raise a force of not more than thirty-five thousand volunteers to be recruited as he may determine from the country at large, or from the localities where their services are needed, without restriction as to citizenship or educational qualitications, and to organize the same into not more than twentyseven regiments organized as are infantry regiments of war strength in the Regular Army, and three regiments to be composed of men of special qualifications in horsemanship and marksmanship, to be organized as cavalry for service mounted or dismounted. Sec. 12, act of March 2, 1899 (30 Stat. L., 979).

544. Each regiment shall have one surgeon, with the rank of major; two assistant surgeons, one of whom shall have the rank of captain and one that of first lieutenant, and three hospital stewards. Ibid.

Regiment's surgeons.




545. All enlistments for the volunteer force herein authorized shall be for the term of two years and four months, unless sooner discharged. Tid.

546. Enlisted men of volunteers who desire to remain in Transfers. the military service, either in the Regular Army or the temporary force authorized by this act, may, if found qualified therefor, be transferred to and enlisted in such batteries, troops, or companies as may be below the maximum authorized strength, and when so transferred and enlisted shall be credited on their new enlistment with the periods of service rendered by them, respectively, as volunteers. Sec. 15, ibid.


General ofli. (ers.

Sec. 13. ibid.

547. The President shall have power to continue in service or to appoint, by and with the advice and consent of the Senate, brigadier-generals of volunteers, who, including the brigadier-generals of the Regular Army, shall not exceed one for every four thousand enlisted men actually in service, and major-generals of volunteers, who, including the major-generals of the Regular Army, shall not exceed one for every twelve thousand enlisted men: Provided, That Regular Army officers continued or appointed as general officers or as field or staff officers of volunteers, under the provisions of this act shall not vacate their Regular Army commissions: And provided further, That no general officers appointed under the provisions of this section shall be continued in service as such beyond July first, nineteen hundred and one. Sec. 13, ibid.


Staff: Composition.

Sec. 14, ibid.

548. The President is hereby authorized to continue in service, or to appoint by and with the advice and consent of the Senate, officers of the volunteer staff as follows:

Three assistant adjutant-generals with the rank of lieutenant-colonel, and six assistant adjutant-generals with the rank of major.

Three inspectors-general with the rank of lieutenantcolonel, and six inspectors-general with the rank of major.

Five judge-advocates with the rank of major.

Thirty quartermasters with the rank of major, and forty assistant quartermasters with the rank of captain.

Six commissaries of subsistence with the rank of major, and twelve assistant commissaries of subsistence with the rank of captain.

Thirty-four surgeons with the rank of major.
Thirty additional paymasters with the rank of major.

Four signal officers with the rank of major, nine signal officers with the rank of captain, nine signal officers with the rank of first lieutenant, and nine signal officers with the rank of second lieutenant. Sec. 14, ibid.

549. For each Regular Army officer of a staff corps or department who may be retained in or appointed to a higher volunteer rank in said staff corps or department than that actually held by him in the regular establishment, there may be appointed one officer of volunteers of the lowest grade mentioned in this section for such staff corps or department, but no appointment shall be made which will increase the total number of officers, Regular and Volunteer, serving in any grade, above the number

authorized by this Act. Ibid. Discharge. 550. All the volunteer staff officers herein authorized to

be appointed or retained in the service shall be honorably discharged on July first, nineteen hundred and one, or

sooner if their services are no longer required. Ibid. Appointment. 551. All officers herein authorized shall be appointed by

the President, by and with the advice and consent of the Senate. Ibid.

The same.





Sec. 15, ibid.

552. The officers and enlisted men of the Volunteer Army shall be mustered out of the military service of the United

1 Section 15 of the act of March 2, 1899, contained the requirement“that the President is authorized to enlist temporarily in service for absolutely necessary purposes in the Philippine Islands volunteers, oificers, and men, individually or by organization, now in those islands and about to be discharged, provided their retention shall not extend beyond the time necessary to replace them by troops authorized to be maintained under the provisions of this act and not beyond a period of six months.”


States and discharged as provided in the act of April twenty-second, eighteen hundred and ninety-eight.' Sec. 15, ibid.

553. Each and every provision of this act shall continue Reduction. in force until July first, nineteen hundred and one; and on and after that date all the general, staff, and line otticers appointed to the Army under this act shall be discharged and the numbers restored in each grade to those existing at the passage of this act, and the enlisted force of the line of the Army shall be reduced to the number as provided for by a law prior to April first, eighteen hundred and ninety-eight, exclusive of such additions as have been, or may be, made under this act to the artillery, and except the cadets provided for by this act who may be appointed prior to July first, nineteen hundred and one: And provided further, That no officer who has been, or may be, promoted under existing law, or under the rules of seniority, shall be disturbed in his rank. Ibid.

554. Any officer of volunteers, and any enlisted man of Travel pay for either regulars or volunteers, who was discharged in the meets. Philippine Islands and there reentered the service, through 31, p. 762. commission or enlistment, in the Thirty-sixth or Thirtyseventh Regiments United States Volunteer Infantry, or in the Eleventh Regiment United States Volunteer Cavalry, shall, when discharged, except by way of punishment for an offense, receive for travel allowances, from the place of his discharge to the place in the United States of his last preceding appointment or enlistment, four cents per mile: Provided, That for sea travel, on discharge, from or between our island possessions actual expenses only shall be paid to officers, and transportation and subsistence only shall be furnished enlisted men: Provided further, That officers and enlisted men discharged in the United States under the provisions of this act shall not be entitled to transportation or travel allowance back to the Philippine Islands. Act of February 8, 1901(31 Stat. L., 762).

Feb. 8, 1901, v.

HISTORICAL NOTE.—The military establishment at the organization of the Government under the Constitution contained no officer of higher rank than lieutenantcolonel. Authority was conferred by the act of March 3, 1791 (1 Stat. L., 222), to appoint a major-general and a brigadier-general, should the President deem that course necessary, and, by the act of March 28, 1792 (ibid., 246), the number of

See paragraph 535, ante. For statutes conferring extra pay on officers and enlisted men of volunteers, on muster out or discharge, see acts of January 12, 1899 (30 Stat. L., 784), paragraphs 536 and 538, ante; March 3, 1899 (ibid., 1073), paragraph 537, ante; and May 26, 1900 (31 ibid., 217), paragraph 5:39, ante. For statutes regulating travel pay of enlisted men discharged by order of the Secretary of War see the act of June 6, 1900 (31 ibid., 708), paragraph 541, unte.

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