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two majors. It was also provided that the Inspector-General should be selected from the officers of the corps, that promotions should be by seniority in the Department, and that appointments to the grade of major should be made from the captains in the line of the Army. By the act of July 7, 1898 (30 ibid., 720), one colonel, one lieutenant-colonel, and one major were added to the Department under the conditions above set forth.

By section 14 of the act of February 2, 1901 (31 ibid., 751), the permanent strength of the Department was fixed at 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. A system of details was also established, by the operation of which the permanent commissioned personnel of the Department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Inspector-General's Department.

The act of March 3, 1901 (31 Stat. L., 899), modified the organization prescribed in the act of February 2, 1901, by the insertion of the requirement that, upon the occurrence of a vacancy in the grade of colonel, after the present lieutenant-colonels shall have been promoted or retired, the vacancy shall not be filled and thereafter the number of officers authorized for the Department shall be as follows: One InspectorGeneral with the rank of brigadier-general, three inspectors-general with the rank of colonel, four inspectors-general with the rank of lieutenant-colonel, and nine inspectors-general with the rank of major.

CHAPTER XVII.

THE JUDGE-ADVOCATE-GENERAL'S DEPARTMENT.1

Par.
692. Organization.
693-695. Promotions, appointments, de-

tails.
696, 697. Duties.
69 Professor of law at the Military

Academy.

Par.
699. Administration of oaths.
700. Records of inferior courts.
701. The same, summary courts.

ORGANIZATION.

692. The Judge-Advocate-General's Department shall Composition, consist of one Judge-Advocate-General with the rank of $. 15, v. 31, p. brigadier-general, two judge-advocates with the rank of Sec. 1198, R.s. colonel, three judge-advocates with the rank of lieutenantcolonel, 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-AdvocateGeneral's Department, one acting judge-advocate with the rank, pay, and allowances of captain mounted. Sec. 15, act of February 2, 1901 (31 Stat. L., 751).

113.

PROMOTIONS, APPOINTMENTS, DETAILS. 693. Promotions in the Judge-Advocate-General's De- Promotions. partment, as provided in the first section of this act, shall, s. 2, v. 23, p. be by seniority up to and including the rank of colonel. Sec. 2, act of July 5, 1884 (23 Stat. L., 113).

694. Vacancies created or caused by this act in the grade Appointments. of major may be filled by appointment of officers holding $. 16, v. 31, p. commissions as judge-advocates of volunteers since April 21, 1898. Vacancies which may occur thereafter in the grade of major in the Judge-Advocate-General's Depart

1 For historical note see end of chapter.

2 Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 1874 (18 Stat. L., 244), were replaced by the act of July 5, 1884 (23 Stat. L., 117), which merged the Bureau of Military Justice and the corps of judge-advocates in the Judge-Advocate-General's Department, created by that statute.

3 This section repeals and replaces section 1 of the act of July 5, 1884 (23 Stat. L., 117), in pari materia.

Details.
Feb. 2, 1901, S.

ment shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judgeadvocates of volunteers since April 21, 1898, or of persons from civil life not over thirty-five years of age.

Sec. 15, act of February 2, 1901 (31 Stat. L., 751).

695. Acting judge-advocates provided for herein shall be 15, v. 31, p. 751. detailed from officers of the grades of captain or first lieu

tenant of the line of the Army, who, while so serving, shall continue to hold their commissions in the arm of service to which they permanently belong. Upon completion of a tour of duty, not exceeding four years, they shall be returned to the arın in which commissioned, and shall not be again detailed until they shall have completed two years duty with the arm of service in which commissioned. Sec. 15, act of February 2, 1901 (31 Stat. L., 751).

DUTIES.

Duties of the Judge-Advocate

696. The Judge-Advocate-General shall receive, revise Sec. 1199, R. s, and cause to be recorded the proceedings of all courts

martial, courts of inquiry, and military commissions, and perform such other duties as have been performed hereto

fore by the Judge-Advocate-General of the Army.' Duties of judge 697. Judge-advocates shall perform their duties under Sec. 1201, R. S. the direction of the Judge-Advocate-General.

advocates,

The work done in his office and for which this officer is responsible consists mainly of the following particulars: Reviewing and making reports upon the pro.ceedings of trials by court-martial of officers, enlisted men, and cadets, and the proceedings of courts of inquiry; making reports upon applications for pardon or mitigation of sentence; preparing and revising charges and specifications prior to trial, and instructing judge-advocates in regard to the conduct of prosecutions; drafting of contracts, bonds, etc.; as also for execution by the Secretary of War of deeds, leases, licenses (see License), grants of rights of way, approvals of location of rights of way, approvals of plans of bridges and other structures, notices to alter bridges as obstructions to navigation, etc.; framing of bills, forms of procedure, etc.; preparing of opinions upon questions relating to the appointment, promotion, rank, pay, allowances, etc., of otlicers, enlisted men, etc., and to their amenability to military jurisdiction and discipline; upon the civil rights, liabilities, and relations of military persons and the exercise of the civil jurisdiction over them; upon the employment of the Army in execution of the laws; upon the discharge of minors, deserters, etc., on habeas corpus; upon the administration of military commands, the care and government of military reservations, and the extent of the United States and State jurisdictions over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the interpretation and effect of public contracts between the United States and individuals or corporations; upon the validity and disposition of the varied claims against the United States presented to the War Department; upon the execution of public works under appropriations by Congress; upon obstructions to navigation as caused by bridges, dans, locks, piers, harbor lines, etc., upon the riparian rights of the United States and of States and individuals on navigable waters, etc.; and the furnishing to other departments of the Government of statements and information apposite to claims therein pending, and to individuals of copies of the records of their trials under the one hundred and fourteenth article of war. The matter of the submitting to the Judge-Advocate-General of applications for opinions is regulated by paragraph 853, Army Regulations of 1901. The Judge-Advocate-General's Department is the Bureau of Military Justice. The

of h,

June

ments and of courts-martial

Sec. 4, July 27, 1892, v. 27, p. 275.

minor courts-martial.

19, p. 310.

698. The Secretary of War may assign one of the Professor judge-advocates of the Army to be professor of law.' 1874, v. 18, p. 60. Act of June 6, 1874 (18 Stat. L., 60). 699. Judge-advocates of departments and of courts- Judge advo

cates of depart: martial and the trial officers of summary courts are hereby authorized to administer oaths for the purposes of military movies holmierilen justice and for other purposes of military administration. Purposes. Sec. 4, act of July 27, 1892 (27 Stut. L., 278).

700. Hereafter the records of regimental, garrison, and bisposition of field officers [and] courts-martial shall, after having been certains acted upon, be retained and filed in the judge-advocate's Mar: 3. 1877, v. office at the headquarters of the department commander in whose department the courts were held for two years, at the end of which time they may be destroyed. Act of March 3, 1877 (19 Stat. L., 310).

701. Post and other commanders shall, in time of peace, on the last day of each month, make a report to the de- 4, v. 30, p. 183. partment headquarters of the number of cases determined by the summary court during the month, setting forth the offenses committed and the penalties awarded, which report shall be filed in the office of the judge-advocate of the department, and may be destroyed when no longer of use. Sec. 4, act of June 18, 1898 (30 Stat. L., 483).

The same.
June 18, 1898, S.

Judge-Advocate-General is the custodian of the records of all general courts-martial, courts of inquiry, and military commissions, and of all papers relating to the title of lands under the control of the War Department, except the Washington Aqueduct and the public buildings and grounds in the District of Columbia. The officers of this department render opinions upon legal questions when called upon by proper authority. Par. 991, A. R., 1901.

The original proceedings of all general courts-martial, courts of inquiry, and military commissions, with the decisions and orders of the reviewing authorities made thereon, and the proceedings of all general courts-martial, courts of inquiry, and military commissions which require the confirmation of the President, but which have not been appointed by him, will be forwarded direct to the Judge-Advocate-General. One copy of the order promulgating the action of the court and a copy of every subsequent order affecting the case will be forwarded to the Judge-Advocate-General, with the record of each case. When more than one case is embraced in a single order, a sufficient number of copies will be forwarded to enable one to be filed with each record. The proceedings of all courts and military commissions appointed by the President will be sent direct to the Secretary of War. Par. 993, A. R., 1901.

Applications of officers, enlisted men, and military prisoners for copies of proceedings of general courts-martial, to be furnished them under the one hundred and fourteenth article of war, will, when received by post or other commanders, be forwarded direct to the Judge-Advocate-General. Par. 995, A. R., 1910.

Communications relating to proceedings of military courts on file in the JudgeAdvocate-General's Department will be addressed and forwarded direct by department commanders to the Judge-Advocate-General. In routine matters the Judge-AdvocateGeneral and judge-advocates may correspond with each other direct. Par. 996, A. R., 1901.

The reports which the Judge-Advocate-General may render upon cases received by him, and which require the action of the President, will be addressed to the Secretary of War and will be forwarded, through the Commanding General of the Army, for such remarks and recommendations as he may see fit to make. Par. 997, A. R., 1901.

But, see the act of June 1, 1880 (21 Stat. L., 153), which authorizes any officer of the Army to be so detailed. The act of June 27, 1881, contained a similar requirement. HISTORICAL NOTE.—The office of Judge-Advocate of the Army was created during the war of the Revolution, having been established by resolution of Congress of July 25, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 29 of the same year. In the reenactment of the Articles, in 1776, this officer was styled the Judge-Advocate-General of the Army and was empowered to prosecute in the name of the United States or to conduct such prosecutions by deputy. The office of Judge-Advocate ceased to exist at the disbandment of the Revolutionary armies, but was revived by section 2 of the act of March, 3, 1797 (1 Stat. L., 507), which made provision for a Judge-Advocate, to be taken from the commissioned officers of the line, who was to receive the same pay and allowances as the brigade major (adjutant) and inspector therein authorized. This office, with other offices in the general staff, was discontinued by the act of March 16, 1802 (2 ibid., 132). Section 19 of the act of 1812 (ibid., 674), passed in contemplation of war with England, made provision for one judge-advocate, with the rank of major, to each division, and this number was increased to three by section 2 of the act of April 24, 1816 (3 ibid., 397). At the reduction of 1818 these officers were disbanded (act of April 14, 1818, 3 ibid. , 426), and the office of Judge-Advocate of the Army was discontinued by the act of March 2, 1821 (ibid., 615).

By section 4 of the act of March 3, 1849 (9 ibid., 351), the office of Judge-Advocate of the Army was reestablished, with the rank and pay of major of cavalry. By section 5 of the act of July 17, 1862 (12 ibid., 598), the office of Judge-Advocate-General was created, with the rank and pay of brigadier-general; by this enactment the duties of the office were defined. By section 5 of the same statute provision was made for a corps of judge-advocates, one of whom was to be assigned to duty at the headquarters of each army in the field. By section 5 of the act of June 20, 1864 (13 ibid., 145), the Bureau of Military Justice was established, to which the Judge-Advocate-General was transferred, and an Assistant Judge-Advocate-General, with the rank of colonel of cavalry, was authorized. By section 12 of the act of July 28, 1866 (14 ibid., 334), the composition of the department was fixed at one Judge-Advocate-General (brigadiergeneral), one Assistant Judge-Advocate-General (colonel), and ten judge-advocates were added to the military establishment, who were to be selected by the Secretary of War from the corps of judge-advocates authorized by the act of July 17, 1862. By this statute the office of Solicitor of the War Department was discontinued, the duties of the office being merged in the Bureau of Military Justice. By section 3 of the act of March 3, 1869 (15 Stat. L., 318), all appointments and promotions in the several departments of the staff were prohibited until otherwise directed by law; but this restriction was removed, as to the Bureau of Military Justice, by the act of April 10, 1869 (16 ibid., 44), which fixed the number of judge-advocates at eight. By section 2 of the act of June 23, 1874 (18 ibid., 244), the office of Assistant Judge-AdvocateGeneral was discontinued, and it was provided that there should be no appointments to the grade of major until the number of officers of that grade had been reduced to four. By the act of July 5, 1884 (23 ibid., 113), the Bureau of Military Justice and the corps of judge-advocates were consolidated and merged in the Judge-AdvocateGeneral's Department, the composition of which was fixed as follows: One JudgeAdvocate-General (brigadier-general), one Asssistant Judge-Advocate-General (colonel), three deputy judge-advocates-general (lieutenant-colonels), and three judgeadvocates (majors). Promotion to the grade of colonel was to be by seniority, and provision was made for the detail of officers of the line as judge-advocates of military departments, who were to have, while so serving, the rank and pay of captains mounted.

By section 15 of the act of February 2, 1901 (31 ibid., 751), the permanent strength of the Department was fixed at one Judge-Advocate-General with the rank of brigadiergeneral, two judge-advocates with the rank of colonel, three judge-advocates with the rank of lieutenant-colonel, and six judge-advocates with the rank of major. The system of details of officers of the grade of captain or first lieutenant to serve as acting judge-advocates, and, while so serving, to have the rank, pay, and allowances of captains mounted, as established by the act of July 5, 1884 (23 Stat. L., 113), was recognized and continued.

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