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allowances of lieutenant-colonels, and three judge-advocates, with the rank, pay, and allowances of majors; the colonels and lieutenant-colonels to be selected by seniority from the present Corps of Judge-Advocates. And the Secretary of War is hereby authorized to detail such number of officers of the line as he may deem necessary to serve as acting judgeadvocates of military departments, who shall have while on such duty the rank, pay, and allowances of captains of cavalry.
SEC. 2. Promotions in the Judge-Advocate-General's Department, as provided in the first section of this act, shall be by seniority up to and including the rank of colonel.
SEC. 3. That nothing herein shall be construed to interfere with the rank or position of any officer now holding a commission in either the Bureau of Military Justice or Corps of Judge-Advocates.
Act of July 27, 1892 (27 Stats., 277).
AN ACT to amend the Articles of War, and for other purposes.
SEC. 2. That whenever a court-martial shall sit in closed session, the judge-advocate shall withdraw, and when his legal advice or his assist ance in referring to recorded evidence is required, it shall be obtained in open court.
SEC. 4. That judge-advocates of departments and of courts-martial, are hereby authorized to administer oaths for the purposes of the administration of military justice, and for other purposes of military administration.
Act of April 22, 1898 (30 Stats., 361).
AN ACT to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes.
SEC. 10. That the staff of the commander of an army corps shall consist of one judge-advocate,
the rank of lieutenant-colonel.
who shall have
Act of March 2, 1899 (30 Stats., 977).
AN ACT for increasing the efficiency of the Army of the United States, and for
That from and after the date of approval of this act the Army of the United States shall consist of. a Judge-Advocate-General's
SEC. 7. That the Judge-Advocate-General's Department shall consist of the officers now provided by law:
And provided, also, That no person in civil life shall hereafter be appointed a judge-advocate until he shall have passed satisfactorily such examination as to his moral, mental, and physical qualifications as may be prescribed by the President; and no such person shall be appointed who is more than forty-four years of age: Provided
further, That in case of the appointment of an officer who has served in a similar capacity during the war with Spain, and has demonstrated his moral, mental, and physical qualifications for the position, then such an examination shall not be required.
SEC. 14. That 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:
Act of February 2, 1901 (31 Stats., —).
AN ACT to increase the efficiency of the permanent military establishment of the United States.
That from and after the approval of this act the Army of the United States shall consist of a Judge-Advocate-General's Department.
SEC. 15. That the Judge-Advocate-General's Department shall consist of one Judge-Advocate-General with the rank of brigadier-general, two judge-advocates with the rank of colonel, three judge-advocates with the rank of lieutenant-colonel, 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-Advocate-General's Department one acting judge-advocate with the rank, pay, and allowances of captain, mounted. Promotions to vacancies above the grade of major, created or caused by this act, shall be made, according to seniority, from officers now holding commission in the Judge-Advocate-General's Department. Vacancies created or caused by this act in the grade of major may be filled by appointment of officers holding commissions as judge-advocate of volunteers since April twenty-first, eighteen hundred and ninety-eight. Vacancies which may occur thereafter in the grade of major in the Judge-Advocate-General's Department shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judge-advocates of volunteers since April twenty-first, eighteen hundred and ninety-eight, or of persons from civil life who at date of appointment are not over thirty-five years of age and who shall pass a satisfactory examination to be prescribed by the Secretary of War.
Acting judge-advocates provided for herein shall be detailed from officers of the grades of captain or first lieutenant of the line of the Army who while so serving shall continue to hold their commissions in the arm of the service to which they permanently belong. Upon completion of a tour of duty not exceeding four years they shall be returned to the arm in which commissioned, and shall not be again detailed until they shall have completed two years' duty with the arm of the service in which commissioned.
SEC. 26. That 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 lieutenant-colonel, 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 an 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. And 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: Provided, That so long as there remain in service officers of any staff corps or department holding permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein.
SEC. 27. That each position vacated by officers of the line, transferred to any department of the staff for tours of service under this act, shall be filled by promotion in the line until the total number detailed equals the number authorized for duty in each staff department. Thereafter vacancies caused by details from the line to the staff shall be filled by officers returning from tours of staff duty. If under the operation of this act the number of officers returned to any particular arm of the service at any time exceeds the number authorized by law in any grade, promotions to that grade shall cease until the number has been reduced to that authorized.
Act of March 2, 1901 (31 Stats., —).
AN ACT making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two.
Provided, That appointments to fill original vacancies in the lowest grade in the Judge-Advocate-General's Department. may be made from officers of volunteers commissioned since April twenty-first, eighteen hundred and ninety-eight.