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352. Relative rank between officers of the Army and the Navy.The relative rank between officers of the Navy, whether on the active or retired list, and officers of the Army shall be as follows, lineal rank only being considered:

The Vice-Admiral shall rank with the Lieutenant-General.

Rear-admirals with major-generals.

Commodores1 with brigadier-generals.

Captains with colonels.

Commanders with lieutenant-colonels.

Lieutenant-commanders with majors.

Lieutenants with captains.

Lieutenants, junior grade, with first lieutenants.

Ensigns with second lieutenants.

Sec. 1466, R. S.

(As to the Executive interpretation given to the terms "rank" and "command," see Army Regulations, 1913, Articles 3 and 4. A determination by the

The office of commodore, as a grade of rank on the active list of the Navy, was abolished by section 7 of the act of March 3. 1899 (30 Stat. 1005); that statute also contained the requirement that "each rear-admiral embraced in the nine lower numbers of the grade shall receive the same pay and allowance as are now allowed a brigadier-general in the Army.”

The office of lieutenant, junior grade, was created by the act of March 3, 1883 (22 Stat. 442), replacing that of master in the Navy, which was discontinued by that statute.

legislative and executive branches of the Government, as to the relation or superior authority among military officers, is conclusive upon the judiciary. (De Celis v. U. S., 13 Ct. Cls., 117.) As to the existing grades and rank of officers and noncommissioned officers, see Army Regulations, 1913, paragraph 9. As to the commands appropriate to each grade, see Army Regulations, 1913, paragraph 14, and the Field Service Regulations. As to the right of command where different corps of the Army happen to join, etc., see Articles of War, 122, and section 305, ante.)

353. Relative rank.-In fixing relative rank between officers of the same grade and date of appointment and commission, the time which each may have actually served as a commissioned officer of the United States, whether continuously or at different periods, shall be taken into account. And in computing such time, no distinction shall be made between service as a commissioned officer in the Regular Army and service since the 19th day of April, 1861, in the volunteer forces, whether under appointment or commission from the President or from the governor of a State. Sec. 1219, R. S.

(For rules of precedence and determination of relative rank, see Army Regulations, 1913, paragraphs 10 and 11. See also Articles of War, 123.)

354. Brevet rank.-Officers may be assigned to duty or command according to their brevet rank by special assignment of the President; and brevet rank shall not entitle an officer to precedence or command except when so assigned. Sec. 1211, R. S.

355. Officers of the Medical Corps restricted as to command.— Officers of the Medical Department of the Army shall not be entitled in virtue of their rank, to command in the line or in other staff corps.' Sec. 1169 R. S.

356. Tactical organizations.-In the ordinary arrangement of the Army two regiments of infantry or of cavalry shall constitute a brigade, and shall be the command of a brigadier-general, and two brigades shall constitute a division, and shall be the command of a major-general; but it shall be in the discretion of the commanding general to vary this disposition whenever he may deem it proper to do so. Sec. 1114, R. S.

(For regulations respecting the organization of armies in the field in time of war, see the F. S. R.; see also Scott's Dig., pp. 244, 245. For the war organization of the military forces of the United States, see next paragraph.)

357. War organization.-In time of war, or when war is imminent, the troops in the service of the United States, whether belonging to the Regular or Volunteer Army or to the militia, shall be organized, as far as practicable, into divisions of three brigades, each brigade to be composed of three or more regiments; and whenever three or more divisions are assembled in the same army the President is authorized to organize them into army corps, each corps to consist of not more than three divisions. Sec. 9, Act of Apr. 22, 1898 (30 Stat. 362.)

(See F. S. R.)

1

See also Army Regulations, 1913, paragraph 19.

358. Staff of Army Corps.-The staff of the commander of an army corps shall consist of one assistant adjutant-general, one chief engineer, one inspector-general, one chief quartermaster, one chief commissary of subsistence, one judge-advocate, and one chief surgeon, who shall have, respectively, the rank of lieutenant-colonel; one assistant adjutant-general, who shall have the rank of captain, and the aids-de-camp authorized by law. Sec. 10, id.

359. Staff of a division or brigade. The staff of the commander of a division shall consists of one assistant adjutant-general, one engineer officer, one inspector-general, one chief quartermaster, one chief commissary of subsistence, a chief signal officer, and one chief surgeon, who shall have, respectively, the rank of major, and the aids-de-camp authorized by law. The staff of the commander of a brigade shall consist of one assistant adjutant-general, one assist-ant quartermaster, and one commissary of subsistence, each with the rank of captain; one surgeon, and the aids-de-camp authorized by law. Sec. 10, id.

360. The staff officers may be appointed or assigned.-The staff officers herein authorized for the corps, division, and brigade commanders may be appointed by the President, by and with the advice and consent of the Senate, as officers of the Volunteer Army, or may be assigned by him, in his discretion, from officers of the Regular Army, or the Volunteer Army, or of the militia in the service of the United States: Provided, That when relieved from such staff service said appointments or assignments shall terminate. Sec. 10, id.

361. Officers of Regular Army eligible for staff appointments.— Officers of the Regular Army shall be eligible for such staff appointments, and shall not be held to vacate their offices in the Regular Army by accepting the same, but shall be entitled to receive only the pay and allowances of their staff rank: Provided further, That officers of the Regular Army receiving commissions in regiments of engineers, or any other commissions in the Volunteer Army, shall

1 Since the consolidation of the Quartermaster, Commissary, and Pay Departments, this officer would no longer be called the Chief Commissary of Subsistence.

2 So much of section 10 of the act of Congress approved April 22, 1898, as provides that the staff of a general commanding an Army corps shall consist of certain officers, with the rank of lieutenant-colonel, shall be held to include among such officers a chief signal officer. (Sec. 10. Act of Apr. 22, 1898, 30 Stat., 361; joint resolution No. 57, July 8, 1898, id., 752.)

The Field Service Regulations contemplate the formation of field armies and not of Army Corps.

Since the consolidation of the Quartermaster, Commissary, and Pay Departments, this officer would not longer be called the Chief Commissary of Subsistence.

The Chief Signal Officer was added by joint resolution No. 57, July 8, 1898 (30 Stat. 752.)

The Field Service Regulations contemplate a brigade only as a tactical organization; hence the staff of a commander, a brigade as given therein consists of only a division adjutant and the authorized aids.

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not be held to vacate their offices in the Regular Army by accepting the same, but shall be entitled to receive only the pay and allowances of such volunteer rank while serving as such. Sec. 1, Act of May 28, 1898 (30 Stat. 421).

362. Pay to clerks, messengers, and laborers at headquarters of the several territorial departments, territorial districts, tactical divisions and brigades, service schools and office of the Chief of Staff.--One chief clerk, at the office of the Chief of Staff, $2,000 per annum. Fifteen clerks, at $1,800 each per annum. Fifteen clerks, at $1,600 each per annum. Thirty-eight clerks, at $1,400 each per annum. Seventy clerks, at $1,200 each per annum. Sixty-five clerks, at $1,000 each per annum. Six clerks (Filipinos), at $500 each per annum. One captain of the watch, at $900 per annum. Three watchmen, at $720 each per annum. One gardener, at $720 per annum.

One packer, at $840 per annum.

Two messengers, at $840 each per annum.

Fifty-nine messengers, at $720 each per annum.

Six messengers (Filipinos), at $300 each per annum.

One laborer, at $660 per annum.

Two laborers, at $600 each per annum.

One laborer, at $480 per annum.

Five charwomen, at $240 each per annum.

In all, $312,320.

Additional pay while on foreign service, $9,000.1 Act of April 27, 1914 (38 Stat. 355).

'As shown by the date of the act, this is the latest provision made for the purpose mentioned. The two following paragraphs have appeared annually for a number of years in the Army appropriation acts and may be taken as indicating the fixed policy of Congress in the premises:

That on and after July 1, 1914, the pay of clerks and messengers at headquarters of territorial departments, tactical divisions, brigades, and service schools, who are citizens of the United States, shall be increased $200 each per annum while serving in the Philippine Islands, such service to be computed from the date of departure from the continental limits of the United States to the date of return thereto: Provided further, That the money hereby appropriated for such of said clerks, at $1,200 and $1,000 each per annum, and such of said messengers at $720 each per annum as may be employed and assigned by the Secretary of War to the headquarters of the Philippine Department, districts and posts therein, may, in case of vacancy and in the discretion of the commanding general, Philippine Department, be expended, in whole or in part, for the employment of Filipinos as clerks at not to exceed $500 each per annum, and messengers at not to exceed $300 each per annum.

And said clerks, messengers, and laborers shall be employed and assigned by the Secretary of War to the offices and positions in which they are to serve: Provided, That no clerk, messenger, or laborer at headquarters of tactical divisions, military departments, brigades, service schools, and office of the Chief of Staff shall be assigned to duty with any bureau in the War Department. Act of April 27, 1914 (Pub. No. 91, 38 Stat. —).

363. Certain clerks and employees not to be detailed in War Department. It shall not hereafter be lawful to detail clerks or other civilian employees authorized for the Office of the General Staff for duty, temporary or otherwise, in any office or bureau of the War Department at Washington, District of Columbia, or to detail clerks or other employees from the War Department for service in the Office of the General Staff. Act of June 22, 1906 (34 Stat. 418).

364. Military headquarters.-When the economy of the service requires, the Secretary of War shall direct the establishment of military headquarters at points where suitable buildings are owned by the Government. Sec. 8, Act of June 23, 1879 (34 Stat. 35).

The clerks and messengers above referred to and provided for were first authorized by the act of August 6, 1894 (28 Stat. 236); they replace the force of "General service clerks and messengers" created by the act of July 29, 1886 (24 Stat. 167), but discontinued by the act of August 6, 1894 (28 Stat. 236). Their numbers and compensation are determined in the annual acts of appropriation for the support of the Army.

Territorial commands.-In time of peace our Army has been habitually distributed into geographical commands, styled, respectively, military divisions, departments, and districts-the districts, as organized prior to 1815, corresponding to the commands now designated as departments. These divisions and departments can be established only by the President; but, within their respective departments, commanding generals have from time to time grouped adjacent posts into temporary commands, which are now known as districts.

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