CHAPTER XXIII. THE ORDNANCE DEPARTMENT' THE BOARD OF ORDNANCE AND FORTIFICATION, ARMS, ARMORIES, AND ARSENALS. S. Composition. June 23, 1874, 5 v. 18, p. 245. 30, p. 720. July 7, 1898, v. Feb. 2, 1901, s. 1151. The Ordnance Department shall consist of one Chief of Ordnance with the rank of brigadier-general, 3, 203. four colonels, six lieutenant-colonels, twelve majors, twenty-four captains, and twenty-four first lieutenants, the ordnance storekeeper, and the enlisted men, including 23, v. 31, p. 754. ordnance-sergeants, as now authorized by law. All vacancies created or caused by this section shall, as far as possible, be filled by promotion according to seniority as now prescribed by law. Sec. 23, act of February 2, 1901 (31 Stat. L., 754). PROMOTIONS-EXAMINATIONS FOR PROMOTION. 1152. No * * * promotion in said department shall Examinations, hereafter be made until the officer or person so June 23, 1874. *s. 5, v. 18, p. 245. promoted shall have passed a satisfactory examination. 1 For note containing a statutory history of the Ordnance Department see end of chapter. Promotions. before a board of ordnance officers senior to himself." Sec. 5, act of June 23, 1874 (18 Stat. L., 245); act of February 2, 1901 (31 ibid., 754). 1153. So long as there remain any officers holding perOrdnance Depart 26, v. 31, p. 755. manent appointment in the Pay of principal assistant to * * * * * ment DETAILS. 1154. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion as provided for in this section, it shall be filled by detail from the line of the Army. Ibid. 1155. 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. Ibid. 1156. All officers so detailed shall serve for a period of four years, at the end of which time they shall return to duty with the line, and officers below the rank of lieutenantcolonel shall not again be eligible for selection in any staff department until they have served two years with the line. Ibid. MISCELLANEOUS REQUIREMENTS. 1157. The principal assistant in the Ordnance Bureau Chief of Ord-shall receive a compensation, including pay and emoluFeb, 27, 1877, v. ments, not exceeding that of a major of ordnance. nance. 19, p. 243. See. 1279, R.S. Rank of ord- 1158. The ordnance storekeeper at Springfield armory shall have the rank of major of cavalry, and the ordnance nance storekeepers. 1 The system of examinations above prescribed now applies to such officers only as held commissions in the department on February 2, 1901; vacancies which may hereafter occur are required to be filled in accordance with the system of details prescribed in section 26 of the act of February 2, 1901. See, in this connection, the title Details to the Staff in the chapter entitled THE STAFF DEPARTMENTS. Examinations for promotions in this department are now regulated by the acts of June 23, 1874 (18 Stat. L., 245), October 1, 1890 (26 ibid., 562), and July 27, 1892 (27 ibid., 276). Vacancies in the lowest grade in the Ordnance Department are filled by the appointment of officers from the line of the Army who have passed a satisfactory examination of the kind prescribed in this section. The conditions of appointment and examination are set forth in paragraphs 1489 and 1490 of the Army Regulations of 1895. 2 For enactment authorizing the promotion of lieutenants of ordnance to the grade of captain after fourteen years' service see paragraph 957, ante; for requirements in rsspect to examinations for promotion see the chapter entitled THE STAFF DEPART MENTS. 3 For statutory regulations respecting details in the several staff departments see the title Details to the Staff in the chapter entitled THE STAFF DEPARTMENT. 145, s. 7, v. 14, p. 423 Mar. 3, 1869, c. 124, s. 6, v. 15 P. 318; June 23 1874, c. 458, ss. 5, storekeeper now on duty in Washington as disbursing offi-, Mar. 2, 1867, c. cer and assistant to the Chief of Ordnance, United States Army, shall hereafter have the rank of major. All other ordnance storekeepers shall have the rank of captain of 8, v. 18, p. 245; cavalry. Act of June 6, 1896 (29 Stat. L., 260.)1 June 6, 1896, v. 29, p. 260. Sec. 1159, R.S. may act as pay 1159. Any number, not exceeding six, of the ordnance Storekeepers storekeepers may be authorized to act as paymasters at masters. armories and arsenals.* Sec. 1161, R.S. keeper discon tinued. Mar. 2, 1899, v. 1901, v. 31, p. 748. 1160. When a vacancy shall occur through death, retire- Office of storement, or other separation from active service, in the office of storekeeper in the Quartermaster's Department and 30, p. 977; Feb. 2. Ordnance Department, respectively, now provided for by law, said offices shall cease to exist. Act of March 2, 1899 (30 Stat. L., 977). February 2, 1901 (31 ibid., 748.) 1161. A chief ordnance officer may be assigned to the staff Assignments of an army or a corps commander, and while so assigned visions. shall have the rank, pay, and allowance of a lieutenant- 30, p. 720. colonel. A chief ordnance officer may be assigned to the staff of a division commander, and while so assigned shall have the rank, pay, and allowances of a major. Act of July 7, 1898 (30 Stat. L., 720.) to corps and di July 7, 1898, v. ORDNANCE-SERGEANTS-ENLISTED MEN. Par. 1162. Ordnance-sergeants, duties. 1163. The same, selection. Par. 1164. Enlisted men of ordnance. Ordnance-sergeants; number July 28, 1866, c. 299, s. 7, v. 14. p. 333; Apr. 5, 1832, 1162. There shall be an ordnance-sergeant for each military post, whose duty it shall be to take care of the ord- and duty. nance, arms, ammunition, and other military stores at such post, under the direction of the commanding officer, and according to regulations prescribed by the Secretary of War.s 1163. Ordnance-sergeants shall be selected by the Secretary of War from the sergeants of the line who shall have served faithfully for eight years, including four years 504. 67, s. 2, v. 4, p. Sec.1109, R.S. How selected. 67.5.2.v. 4, p. 504; Apr. 5, 1832, c. Feb. 27, 1877, v. 19, p. 242. Sec.1110, R.S. 1See the title Examinations for Promotion in the chapter entitled THE STAFF DEPARTMENTS. 2 But one of these officers now remains in service; the office will cease to exist upon the occurrence of a vacancy under the operation of the act of Feb. 2, 1901. See par. 1160, post. For pay and allowances of ordnance-sergeants, see the chapters entitled THE PAY DEPARTMENT, THE QUARTERMASTER'S DEPARTMENT, and THE SUBSISTENCE DEPARTMENT. The Army appropriation act of June 16, 1892, provided "that sergeants of ordnance shall receive the same allowances of clothing as other sergeants in like staff departments." Held that this provision entitled these sergeants to receive, free of cost, a certain number of units of the different articles that go to make up their clothing, or, when the allowance was expressed in dollars and cents, the amount which such articles would cost when made up in the form and style required for such sergeants. Dig. Opin. J. A. G., par. 1864. Enlisted men of ordnance. in the grade of noncommissioned officer, and shall be assigned to their stations by him. 1164. The Chief of Ordnance may enlist as many sergeants June 18, 1846, c. of ordnance, corporals of ordnance, and first and second 29, s. 11, v. 9, p. 18; July 5,1862, c.133, class privates of ordnance as the Secretary of War may s. 3, v. 12, p. 508; July 28, 1866, c. direct. 299, s. 21, v. 14. p. 335; June23, 1874, c. 458, s. 5, v. 18, p. 245; Feb. Sec. 1162, R.S. 27, 1877, c. 69, v. 19, p. 242. cers. 38, s. 4, v. 3, p. 203; v. 19, p. 242. 1165. The Chief of Ordnance, subject to the approval of Feb. 8, 1815, c. the Secretary of War, shall organize and detail to regiFeb. 27,1877, c.69, ments, corps, or garrisons such numbers of ordnance Sec.1163, B.S. enlisted men, furnished with proper tools, carriages, and apparatus, as may be necessary, and shall make regulations for their government. Duties of Chief of Ordnance. 38, s. 8, v. 3, p. 203. 1168. Depots. 1166. It shall be the duty of the Chief of Ordnance to Feb. 8, 1815, c. furnish estimates, and, under the direction of the Secretary Sec. 1164, R. S. of War, to make contracts and purchases, for procuring the necessary supplies of ordnance and ordnance stores for the use of the armies of the United States; to direct the inspection and proving of the same, and to direct the construction of all cannon and carriages, ammunition wagons, traveling forges, artificers' wagons, and of every implement and apparatus for ordnance, and the preparation of all kinds of ammunition and ordnance stores constructed or prepared for said service.' Issues. Feb. 8, 1815, c. 38, s. 5, v. 3, p. 203. 1167. The Chief of Ordnance, or the senior officer of that Sec. 1168, R.: corps for any district, shall execute all orders of the Secretary of War, and, in time of war, the orders of any general or field officer commanding an army, garrison, or detachment, for the supply of all ordnance and ordnance stores. for garrison, field, or siege service. Depots. Feb. 8, 1815, c. Sec. 1165, R. S. 1168. The Chief of Ordnance, under the direction of the 38, 8.9Y3 P.204. Secretary of War, may establish depots of ordnance and ordnance stores in such parts of the United States and in such numbers as may be deemed necessary." 1 For powers and duties of this office in respect to the care and accountability of ordnance and ordnance stores, see paragraphs 1172-1176 post. 2 CLERICAL SERVICES. The employment of clerical services in the Ordnance Department is regulated in the annual acts of appropriation. The amount to be expended for such services was fixed at $65,000 by the acts of March 3, 1883, July 5, 1884, and March 3, 1885; at Par. 1169. General purchases. 1170. Purchases of steel. PURCHASES. Par. 1171. Material for cartridge bags. 1169. Hereafter, except in cases of emergency or where it is impracticable to secure competition, the purchase of all supplies for the use of the various departments and posts of the Army and of the branches of the army service shall only be made after advertisement, and shall be purchased where the same can be purchased the cheapest, quality and cost of transportation and the interests of the Government considered; but every open-market emergency purchase made in the manner common among business men which exceeds in amount two hundred dollars shall be reported for approval to the Secretary of War under such regulations as he may prescribe.' Act of March 3, 1901 (31 Stat. L., 905). 1170. No contract for the expenditure of any portion of the money herein provided, or that may be hereafter provided for the purchase of steel shall be made until the same shall have been submitted to public competition by the Department by advertisement. Act of February 24, 1891 (26 Stat. L., 769). General chases. pur Mar. 3, 1901, v. 31, p. 905. steel. of Purchases 26, p. 769. cartridge bags. 30, p. 326. 1171. When, in the opinion of the Secretary of War, it Material for is necessary to purchase material abroad for the manufac-Mar. 15, 1898,v. ture of sacks for artillery cartridges, it shall be admitted free of duty. Act of March 15, 1898 (30 Stat. L., 326). $60,000 by the acts of June 30, 1886, February 9, 1887, September 22, 1888, March 2, 1889, June 13, 1890, February 24, 1891, July 16, 1892, February 27, 1893, August 6, 1894, February 12, 1895, March 16, 1896, March 2, 1897, and March 15, 1898. This restriction is suspended, during the existing war with Spain, by the act of June 7, 1898 (30 Stat. L., 434), and subsequent enactments of similar character. This enactment replaces the act of August 6, 1891 (28 Stat. L., 242), authorizing open-market purchases, not exceeding two hundred dollars in amount, in the manner common among business men. For general provisions respecting the procurement of supplies and services, see the chapters entitled CONTRACTS AND PURCHASES. The act of June 7, 1898 (30 Stat. L., 434), contained the requirement that "during the existing war the Bureau of Ordnance of the War Department is authorized to purchase without advertisement such ordnance and ordnance stores as are needed for immediate use, and when such ordnance and ordnance stores are to be manufactured then to make contracts without advertisement for such stores to be delivered as rapidly as manufactured." By section 3 of the act of February 24, 1900 (31 Stat. L. 33), this authority was extended to June 30, 1901. "The act of May 7, 1898 (30 Stat. L., 401), contains the requirement "that no contract for oil-tempered and annealed steel for high-power coast-defense guns and mortars shall be made at a price exceeding twenty-three cents per pound.' The same statute confers authority upon the Secretary of War, at his discretion, to expend a portion of the money appropriated for oil-tempered and annealed steel for the purchase of material for steel-wire seacoast guns. The acts of March 3, 1899 (30 Stat. L., 1251), and May 25, 1900 (31 ibid., 184), contain similar requirements; those of March 3, 1899, and May 25, 1900, restricted the price to be paid for steel to twenty-two cents per pound. |