shall, when retired, be retired with the rank, pay, and allowances authorized by law for a brigadier-general on the retired list. The position vacated by an officer appointed Chief of Artillery or Chief of Coast Artillery shall be filled by promotion in that arm according to existing law, but the officer thus appointed shall continue in the same lineal position in his arm which he would have held if he had not been so appointed, and shall be an additional number in the grade from which he was appointed or to which he may be promoted: Provided, That there shall not be at any time in the coast artillery more than one additional officer by reason of the appointment of a Chief of Artillery or Chief of Coast Artillery and the relief of an officer from such duty. Sec. 2, Act of Jan. 25, 1907 (34 Stat. 861).

371. Chief of Division of Militia Affairs to be member of.-Hereafter the Chief of the Division of Militia Affairs, Office of the Chief of Staff, shall be detailed from the general officers of the line of the Army, and while so serving shall be an additional member of the General Staff Corps.2 Act of Mar. 3, 1911 (36 Stat. 1037).

(For the creation and functions of the Division of Militia Affairs, see War Department Orders A, February 12, 1908.)

372. Clerks, etc., in office of Chief of Staff not to be assigned to duty in bureaus of War Department.-That no clerk, messenger, or laborer at headquarters of divisions, departments, posts commanded by general officers, or office of the Chief of Staff shall be assigned to duty with any bureau in the War Department.3 Act of Mar. 2, 1913 (37 Stat. 707).

The laws which created the offices of the Chief of Coast Artillery and the Chief of the Division of Militia Affairs provided that they should be considered as additional members of the General Staff Corps. The act of February 14, 1903 (32 Stat. 831), established the office of Chief of Staff and the General Staff Corps and prescribed the composition and duties of the same. Subsequently to the acts making the chiefs of the Artillery Corps and of the Division of Militia Affairs, respectively, additional members of the General Staff Corps, Congress by section 5 of the act of August 24, 1912 (37 Stat. 594), prescribed anew the composition of the General Staff Corps and specified the manner of details thereto. The eighth section repealed all laws inconsistent with the terms of said act. Held, that neither the repealing clause in said section 8, nor the provision prescribing anew the composition of the General Staff Corps and the manner of making details thereto, repealed the laws constituting the Chief of the Artillery Corps and the Chief of the Division of Militia Affairs additional members of the General Staff, nor did such legislation affect their relations to the General Staff Corps; and that said officers continue to be such additional members. (Bulletin No. 1 (Dig. Opins. J. A. G.), Jan. 20, 1913.) * See note to preceding paragraph.

*The annual appropriation act for the Army for several years has contained a similar proviso.

373. Heads of departments.-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 lieutenantcolonel, 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 any 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. Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755).

374. Same-Chief to be selected from permanent officers of corps.— So long as there remain in service officers of any staff corps or departinent holding permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein. Id.

375. Same-Detailed officers eligible for permanent appointment. That hereafter whenever the number of officers holding permanent appointments in any staff corps or staff department of the Army, except the Quartermaster Corps, shall have been reduced below four and a vacancy shall occur in an office above the grade of colonel in said corps or department, any officer of the Army with rank above that of major who shall have served creditably for not less than four years by detail in said corps or department under the provisions of section twenty-six of the Act of Congress approved February second, nineteen hundred and one, shall, in addition to officers otherwise eligible, be eligible for appointment to fill said vacancy. Act of Apr. 27, 1914 (38 Stat. 356).

376. Same-Retirement.-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. Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755).

377. Promotions in staff corps and departments.-That so long as there remain any officers holding permanent appointments in the Adjutant-General's Department, the Inspector-General's 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 sixteen, seventeen, twenty-one, and twenty-four 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. Sec. 26, id.

378. Details to staff corps and departments.-When any vacancy, except that of the chief of the department or corps, shall occur which can not 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. Id.

379. Term of detail to staff corps and departments.-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. Id.

(For special rules in regard to officers serving details in the Ordnance Department, see chapter relating to that department.)

380. Appointments and details.-No officer hereafter detailed or appointed under the provisions of section twenty-six of the Act of February second, nineteen hundred and one, who has less than four years to serve from the date of his detail or appointment to the date of his retirement shall serve under such detail or appointment or be paid as if on the active list beyond the date of his retirement. Act of June 30, 1902 (32 Stat. 509).

381. Certain officers appointed to rank above that of colonel to retain relative position in corps or arm.-Hereafter, except as otherwise provided herein, when any officer shall under the provisions of section twenty-six of the act of Congress approved February second, nineteen hundred and one, be appointed to an office with rank above that of colonel, his appointment to said office and his acceptance of the appointment shall create a vacancy in the arm, staff corps, or staff department from which he shall be appointed, and said vacancy shall be filled in the manner prescribed by existing law, but he shall retain in said arm, staff corps, or staff department, the same relative position that he would have held if he had not been appointed to said office, and he shall return to said relative position upon the expiration of his appointment to said office unless he shall be reappointed thereto; and if under the operation of this proviso the number of officers of any particular grade in any arm, staff corps, or staff department, shall at any time exceed the number authorized by law, no vacancy occurring in said grades shall be filled until after the total number of officers therein shall have been reduced below the number authorized by law; but nothing in this