of which are to perform, under immediate supervision, the simplest routine work in a professional, scientific, or technical organization. The annual rate of compensation for positions in this grade shall be $1,020, $1,080, $1.140, $1,200, $1,260, $1,320, and $1,380.

The amendment was agreed to.

The next amendment was, on page 6, line 23, before the figures "$1.560," to strike out "and," and after the same figures to insert a comma and "and $1,620," so as to read:

Grade 2 in this service, which may be referred to as the undersubprofessional grade, shall include all classes of positions the duties of which are to perform, under immediate supervision, assigned subordinate work of a professional, scientific, or technical character, requiring limited training or experience, but not the exercise of independent judgment.

The annual rates of compensation for positions in this grade shall be $1.260, $1,320, $1,380, $1,440, $1,500, $1,560, and $1,620.

The amendment was agreed to.

The next amendment was, on page 7, line 7, before the figures "$1,740," strike out "and," and after the same figures to insert a comma and " and $1,800," so as to read:

Grade 3 in this service, which may be referred to as the junior subprofessional grade, shall include all classes of positions the duties of which are to perform, under immediate supervision, subordinate work of a professional, scientific, or technical character, requiring considerable training or experience, but not the exercise of independent judgment.

The annual rates of compensation for positions in this grade shall be $1,440, $1,500, $1,560, $1,620, $1,680, $1,740, and $1,800.

The amendment was agreed to.

The next amendment was, on page 7, line 17, before the figures "$1,920," to strike out "and," and after the same figures to insert a comma and "and $1,980," so as to read:

Grade 4 in this service, which may be referred to as the assistant subprofessional grade, shall include all classes of positions the duties of which are to perform, under immediate supervision, subordinate work of a professional, scientific, or technical character, requiring considerable training or experience, and, to a limited extent, the exercise of independent judgment.

The annual rates of compensation for positions in this grade shall be $1,620, $1,680, $1,740, $1,800, $1,860, $1,920, and $1,980.

The amendment was agreed to.

The next amendment was, on page 8, line 4, before the figures $2,040," to strike out "and," and after the same figures to insert a comma and "$2,100, and $2,160," so as to read:

Grade 5 in this service, which may be referred to as the main subprofessional grade, shall include all classes of positions the duties of which are to perform, under immediate or general supervision, subordinate work of a professional, scientific, or technical character requiring a thorough knowledge of a limited field of professional, scientific, or technical work, and the exercise of independent judgment, or to supervise the work of a small number of employees performing the duties of an inferior grade in the subprofessional service.

The annual rates of compensation for positions in this grade shall be $1,800, $1,860, $1,920, $1,980, $2,040, $2,100, and $2,160.

66

The amendment was agreed to.

The next amendment was, on page 8, line 16, before the figures '$2,400," to strike out "and," and after the same figures to insert a comma and "$2,500, and $2,600," so as to read:

Grade 6 in this service, which may be referred to as the senior subprofessional grade, shall include all classes of positions the duties of which are to perform, under immediate or general supervision, subordinate but difficult and responsible work of a professional, scientific, or technical character, requiring a thorough knowledge of a limited field of professional, scientific, or technical work, and the exercise of independent judgment, or to supervise the work of a small number of employees holding positions in grade 5 of this service.

The annual rates of compensation for positions in this grade shall be $2,000, $2,100, $2,200, $2,300, $2,400, $2,500, and $2,600.

The amendment was agreed to.

The next amendment was, on page 9, line 2, before the figures "$2,700," to strike out "and," and after the same figures to insert a comma and "$2,800, and $2,900," so as to read:

Grade 7 in this service, which may be referred to as the principal subprofessional grade, shall include all classes of positions the duties of which are to perform, under general supervision, subordinate but responsible work of a professional, scientific, or technical character requiring a working knowledge of the principles of the profession, art, or science involved, and the exercise of independent judgment, or

Grade 8 in this service, which may be referred to as the chief subprofessional grade, shall include all classes of positions the duties of which are to perform, under general supervision, subordinate but difficult and responsible work of a professional, scientific, or technical character, requiring a thorough working knowledge of the principles of the profession, art, or science involved, and the exercise of independent judgment, or to supervise the work of a small number of employees holding positions in grade 7 of this service.

The annual rates of compensation for positions in this grade shall be $2,600, $2,700, $2,800, $2,000, $3,000, $3,100, and $3,200. The amendment was agreed to.

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The next amendment was, under the heading "Clerical, administrative, and fiscal service," on page 10, at the end of line 2, before the figures "$1,560," to strike out and," and after the same figures to insert a comma and "and $1,620," so as to read: CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE

The clerical, administrative, and fiscal service shall include all classes of positions the duties of which are to perform clerical, administrative, or accounting work, or any other work commonly associated with office, business, or fiscal administration,

Grade 1 in this service, which may be referred to as the underclerical grade, shall include all classes of positions the duties of which are to perform, under immediate supervision, the simplest routine office work. The annual rates of compensation for positions in this grade shall be $1,260, $1,320, $1,380, $1,440, $1,500, $1,560, and $1,620.

The amendment was agreed to.

The next amendment was, on page 10, at the end of line 10, before the figures "$1,740," to strike out "and," and after the same figures to insert a comma and "and $1,800," so as to read:

Grade 2 in the service, which may be referred to as the junior clerical grade, shall include all classes of positions the duties of which are to perform, under immediate supervision, assigned office work requiring training or experience but not the exercise of independent judgment.

The annual rates of compensation for positions in this grade shall be $1,440, $1,500, $1,560, $1,620, $1,680, $1,740, and $1,800. The amendment was agreed to.

The next amendment was, on page 10, at the end of line 20, before the figures $1,920," to strike out "and," and after the same figures to insert a comma and "and $1,980," so as to read:

Grade 3 in the service, which may be referred to as the assistant clerical grade, shall include all classes of positions the duties of which are to perform, under immediate or general supervision, assigned office work requiring training and experience and knowledge of a specialized subject matter or the exercise of independent judgment or to supervise a small section performing simple clerical operations.

The annual rates of compensation for positions in this grade shall be $1,620, $1,680, $1,740, $1,800, $1,860, $1,920, and $1,980. The amendment was agreed to.

The next amendment was, on page 11, at the end of line 6, before the figures "$2,100," to strike out "and," and after the same figures to insert a comma and " and $2,200," so as to read: Grade 4 in this service, which may be referred to as the main clerical grade, shall include all classes of positions the duties of which are to perform, under immediate or general supervision, responsible office work requiring training and experience, the exercise of independent judgment or knowledge of a specialized subject matter or both, and an acquaintance with office procedure and practice, or to supervise a small stenographic section or a small section performing clerical operations of corresponding difficulty.

The annual rates of compensation for positions in this grade shall be $1,800, $1,860, $1,920, $1,980, $2,040, $2,100, and $2,200. The amendment was agreed to.

The next amendment was, on page 11, line 20, before the figures "$2,400," to strike out "and," and after the same figures to insert a comma and "$2,500, and $2,600," so as to read:

Grade 5 in this service, which may be referred to as the senior clerical grade, shall include all classes of positions the duties of which

are to perform, under general supervision, difficult and responsible office work requiring considerable training and experience, the exercise of independent judgment or knowledge of a specialized subject matter or both, and a thorough knowledge of office procedure and practice, or to supervise a large stenographic section or any large section performing simple clerical operations or to supervise a small section engaged in difficult but routine office work.

The annual rates of compensation for positions in this grade shall be $2,000, $2,100, $2,200, $2,300, $2,400, $2,500, and $2,600.

Grade 6 in this service, which may referred to as the principal clerical grade, shall include all classes of positions, the duties of which are to perform, under general supervision, exceptionally difficult and responsible office work requiring extended training and experience, the exercise of independent judgment or knowledge of a specialized and complex subject matter, or both, and a thorough knowledge of office procedure and practice, or to serve as the recognized authority or adviser in matters requiring long experience and an exceptional knowledge of the most difficult and complicated procedure or of a very difficult and complex subject, or to supervise a large or important office organization engaged in difficult or varied work.

The annual rates of compensation for positions in this grade shall be $2,300, $2,400, $2,500, $2,600, $2,700, $2,800, and $2,900.

The amendment was agreed to.

64

The next amendment was, on page 12, line 23, before the figures $3,000," to strike out "and," and after the same figures to insert a comma and "$3,100, and $3,200," so as to read:

Grade 7 in this service, which may be referred to as the assistant administrative grade, shall include all classes of positions the duties of which are to perform, under general supervision, responsible office work along specialized and technical lines requiring specialized training and experience and the exercise of independent judgment, or as chief clerk to supervise the general business operations of a small, independent establishment or a minor bureau or division of an executive department, or to supervise a large or important office organization engaged in difficult and specialized work.

The annual rates of compensation for positions in this grade shall be $2,600, $2,700, $2,800, $2,900, $3,000, $3,100, and $3,200.

The amendment was agreed to.

66

The next amendment was, on page 13, line 9, before the figures "$3,300," to strike out and," and after the same figures to insert a comma and "$3,400, and $3,500," so as to read:

Grade 8 in this service, which may be referred to as the associate administrative grade, shall include all classes and positions the duties of which are to perform, under general supervision, difficult and responsible office work along specialized and technical lines requiring specialized training and experience and the exercise of independent judgment, or to supervise a large or important office organization engaged in work involving specialized training on the part of the employees. The annual rates of compensation for positions in this grade shall be $2,900, $3,000, $3,100, $3,200, $3,300, $3,400, and $3,500.

The amendment was agreed to.

The next amendment was, on page 13, line 24, before the figures "$3,600," to strike out “and,” and after the same figures to insert a comma and "$3,700, and $3,800," so as to read:

Grade 9 in this service, which may be referred to as the full administrative grade, shall include all classes of positions the duties of which are to perform, under general supervision, exceptionally difficult and responsible office work along specialized and technical lines, requiring considerable specialized training and experience and the exercise of independent judgment, or as chief clerk, to supervise the general business operations of a large independent establishment or a major bureau or division of an executive department, or to supervise a large or important office organization engaged in work involving technical training on the part of the employees.

The annual rates of compensation for positions in this grade shall be $3,200, $3,300, $3,400, $3,500, $3,600, $3,700, and $3,800.

The amendment was agreed to.

The next amendment was, on page 14, line 11, before the figures "$3,900," to strike out "and," and after the same figures to insert a comma and $4,000, and $4,100," so as to read:

Grade 10 in this service, which may be referred to as the senior administrative grade, shall include all classes of positions the duties of which are to perform, under general supervision, the most difficult and responsible office work along specialized and technical lines, requiring extended training, considerable experience, and the exercise of independent judgment, or to supervise a large or important office organi

zation engaged in work involving considerable technical training and experience on the part of the employees.

The annual rates of compensation for positions in this grade shall be $3,500, $3,600, $3,700, $3,800, $3,900, $4,000, and $4,100. The amendment was agreed to.

The next amendment was, on page 14, line 23, before the figures "$4,400," to strike out "and," and after the same figures to insert a comma and "and $4,600," so as to read:

Grade 11 in this service, which may be referred to as the principal administrative grade, shall include all classes of positions the duties of which are to perform the most difficult and responsible office work along specialized and technical lines requiring extended training and experience, and the exercise of independent judgment, or to supervise a large or important office organization engaged in work involving extended training and considerable experience on the part of the employees.

The annual rates of compensation for positions in this grade shall be $3,800, $4,000, $4,200, $4,400, and $4,600.

The amendment was agreed to.

The next amendment was, on page 15, line 9, before the figures "$5,200," to strike out "and," and after the same figures to insert a comma and "and $5,400," so as to read:

Grade 12 in this service, which may be referred to as the head administrative grade, shall include all classes of positions the duties of which are to perform the most difficult and responsible office work along specialized and technical lines requiring extended training and experience, the exercise of independent judgment, and the assumption of full responsibility for results, or to supervise a large and important office organization engaged in work involving extended training and experi ence on the part of the employees.

The annual rates of compensation for positions in this grade shall be $4,600, $4,800, $5,000, $5,200, and $5,400, unless a higher rate is specifically authorized by law.

Grade 2 in this service, which may be referred to as the office-laborer grade, shall include all classes of positions the duties of which are to handle desks, mail sacks, and other heavy objects, and to perform similar work ordinarily required of unskilled laborers; to operate elevators; to clean office rooms; or to perform other work of similar character.

The annual rate of compensation for positions in this grade shall be $1,080, $1,140, $1,200, $1,260, $1,320, and $1,380: Provided, That charwomen working part time be paid at the rate of 50 cents an hour and head charwomen at the rate of 55 cents an hour.

The amendment was agreed to.

The next amendment was, on page 19, line 5, before the figures "$1,620," to strike out "and"; and after the same figures to insert a comma and "and $1,680," so as to read:

Grade 4 in this service, which may be referred to as the undercustodial grade, shall include all classes of positions the duties of which are to perform, under general supervision, custodial work of a responsible character, such as supervising a small force of unskilled laborers, directly supervising a small detachment of watchmen or building guards, firing and keeping up steam in heating apparatus and operat ing the boilers and other equipment used for heating purposes, or performing general semimechanical new or repair work requiring some skill with hand tools.

The annual rates of compensation for positions in this grade shall be $1,320, $1,380, $1,440, $1,500, $1,560, $1,620, and $1,680.

The amendment was agreed to.

The next amendment was, on page 19, line 16, before the figures"$1,800," to strike out "and," and after the same figures to insert a comma and "and $1,860," so as to read:

Grade 5 in this service, which may be referred to as the junior custodial grade, shall include all classes of positions the duties of which are to have general supervision over a small force of watemen or building guards, or to have direction of a considerable detachment of such employees, to supervise the operation and maintenance of a small heating plant and its auxiliary equipment, or to perform other work of

similar character.

Grade 6 in this service, which may be referred to as the assistant ¦ custodial grade, shall include all classes of positions the duties of which are to assist in the supervision of large forces of watchmen and building guards, or to have general supervision over smaller forces, to supervise a large force of unskilled laborers, to repair office appliances, or to perform other work of similar character.

The annual rates of compensation for positions in this grade shall be $1,680, $1,740, $1,800, $1,860, $1,920, $1,980, and $2,040.

The amendment was agreed to.

The next amendment was, on page 20, line 12, before the figures" $2,200," to strike out "and." and after the same figures to insert a comma and "and $2,300," so as to read:

Grade 7 in this service, which may be referred to as the main custodial grade, shall include all classes of positions the duties of which are to supervise the work of skilled mechanics; to supervise the operation and maintenance of a large heating, lighting, and power plant and all auxiliary mechanical and electrical devices and equipment; to have general supervision over large forces of watchmen and building guards; or to perform other work of similar character.

The annual rates of compensation for positions in this grade shall be $1,860, $1,920, $1,980, $2,040, $2,100, $2,200, and $2,300.

The amendment was agreed to.

The next amendment was, on page 20, line 23, before the figures "$2,400," to strike out "and," and after the same figures to insert a comma and $2,500, and $2,600," so as to read:

Grade 8 in this service, which may be referred to as the senior custodial grade, shall include all classes of positions the duties of which are to direct supervisory and office assistants, mechanics, watchmen, elevator conductors, laborers, janitors, messengers, and other employees engaged in the custody, maintenance, and protection of a small building, or to assist in the direction of such employees when engaged in similar duties in a large building, or to perform other custodial work of equal difficulty and responsibility.

The annual rates of compensation for positions in this grade shall be $2,000, $2,100, $2,200, $2,300, $2,400, $2,500, and $2,600.

The amendment was agreed to.

The next amendment was, on page 21, line 10, before the figures "$2,700," to strike out "and," and after the same figures to insert a comma and "$2,800, and $2.900," so as to read:

Grade 9 in this service, which may be referred to as the principal custodial grade, shall include all classes of positions the duties of which are to direct supervisory and office assistants, mechanics, watchmen, elevator conductors, laborers, janitors, messengers, and other employees engaged in the custody, maintenance, and protection of a large building, or to assist in the direction of such employees when engaged in similar duties in a group of buildings; or to perform other custodial work of

equal difficulty and responsibility.

The annual rates of compensation for positions in this grade shall be $2,300, $2,400, $2,500, $2,600, $2,700, $2,800, and $2,900.

The amendment was agreed to.

The next amendment was, on page 21, line 21, before the figures “$3,000," to strike out "and," and after the same figures to insert a comma and "$3,100, and $3,200," so as to read:

Grade 10 in this service, which may be referred to as the chief custodial grade, shall include all classes of positions the duties of which are to direct supervisory and office assistants, mechanics, watchmen, elevator conductors, laborers, janitors, messengers, and other employees engaged in the custody, maintenance, and protection of a group of buildings, or to perform other custodial work of equal difficulty and responsibility.

The annual rates of compensation for positions in this grade shall be $2,600, $2,700, $2,800, $2,900, $3,000, $3,100, and $3,200.

The amendment was agreed to.

The next amendment was, under the heading 'Clericalmechanical service," on page 22, line 11, after the word "be," to strike out "50" and insert "55"; and in the same line, before the word "cents," to strike out "55" and insert "60,” so as to read:

Grade 1 shall include all classes of positions in this service the duties of which are to perform the simplest operations or processes requiring special skill and experience.

The rates of compensation for classes of positions in this grade shall be 55 to 60 cents an hour.

The rates of compensation for classes of positions in this grade shall be 65 to 70 cents an hour.

The amendment was agreed to.

The next amendment was, on page 22, line 23, after the word "be," to strike out "70" and insert "75," and in the same line, before the word "cents," to strike out "75" and insert "80," so as to read:

Grade 3 shall include all classes of positions in this service the duties of which are to operate machines or to perform operations or processes requiring the highest degree of skill, or supervise a small number of subordinates.

The rates of compensation for classes of positions in this grade shall be 75 to 80 cents an hour.

The amendment was agreed to.

The VICE PRESIDENT. That completes the committee amendments.

The bill was reported to the Senate as amended, and the amendments were concurred in.

The amendments were ordered to be engrossed and the bill to be read a third time.

The bill was read the third time.

The VICE PRESIDENT. The question is, Shall the bill pass? Mr. HARRISON. I ask for the yeas and nays.

The yeas and nays were ordered, and the Chief Clerk proceeded to call the roll.

Mr. BRATTON (when his name was called). I have a pair with the junior Senator from Indiana [Mr. ROBINSON]. I am informed that if he were present he would vote as I intend to vote. I therefore feel at liberty to vote and vote "yea."

Mr. COPELAND (when Mr. WAGNER's name was called). My colleague [Mr. WAGNER] is necessarily detained from the Senate. If he were present, he would vote "yea."

Mr. WALSH of Montana (when his name was called). I have a pair on this question with the Senator from Vermont [Mr. DALE]. I am advised, however, that if he were present he would vote as I shall vote. I accordingly vote "yea." The roll call was concluded.

Mr. HALE. My colleague [Mr. GOULD] is absent from the Chamber. If he were present, he would vote "yea."

Mr. REED of Pennsylvania (after having voted in the affirmative). I have a general pair with the Senator from Delaware [Mr. BAYARD]. I believe that he would vote " yea on this question, but I am not sure about it; so I transfer that pair to the Senator from Vermont [Mr. GREENE], and will allow my vote to stand.

Mr. NEELY. My colleague, the junior Senator from West Virginia [Mr. GoFF], is unavoidably absent. He is in favor of this bill, and I am authorized to say that if he were present he would vote "yea."

Mr. WALSH of Massachusetts. The junior Senator from Maryland [Mr. TYDINGS] is unavoidably detained from the Chamber. If he were present, he would vote "yea."

Mr. BROUSSARD. My colleague [Mr. RANSDELL] is unavoidably absent. If present, he would vote "yea."

Mr. ASHURST. My colleague, the junior Senator from Arizona [Mr. HAYDEN], is unavoidably absent. If present, he would take great pleasure in voting "yea."

Mr. SWANSON. My colleague [Mr. GLASS] is unavoidably detained from the Senate. If present, he would vote yea." Mr. HEFLIN. The Senator from New Jersey [Mr. EDWARDS] is unavoidably absent. I understand that if he were present, he would vote "yea."

66

Mr. NYE. I desire to announce the necessary absence of my colleague [Mr. FRAZIER]. If present, he would vote yea." Mr. JONES. I desire to announce the necessary absence of the Senator from New Hampshire [Mr. KEYES]. If present, he would vote yea."

66

Mr. HEFLIN. I desire to announce that the Senators from North Carolina [Mr. SIMMONS and Mr. OVERMAN] are necessarily absent. If present, they would vote "yea." The result was announced-yeas 48, nays 0, as follows:

Ashurst Barkley Black Blaine

Bratton

Brookhart Broussard

Harris Harrison

Hawes Heflin Jones

Nye Oddie

Phipps

Bruce Capper Copeland Cutting Deneen

Bayard

Bingham Blease

Kendrick La Follette

Borah Caraway Couzens

Pine

Pittman

VOTING-46

NOT

Curtis Dale

du Pont

Mr. REED of Pennsylvania. I ask unanimous consent that the Senate now revert to Order of Business 1138, House bill 12814, the Army promotion list bill.

Mr. BLACK. Mr. President, as I understand, the request of the Senator includes the idea that we will vote to-night on the amendment and the bill?

Mr. REED of Pennsylvania.

I hope so; and I am perfectly willing, so far as I am concerned, to divide the time fairly with the Senator from Alabama.

Mr. BLACK. If we can vote on both, I have no objection; but I would not want, for instance, if the amendment should be carried, then to have the matter go over, so it would not be disposed of.

Mr. REED of Pennsylvania. The bill could not pass without the Senator having a chance to offer his amendment.

Mr. BLACK. I understand that.

Mr. ROBINSON of Arkansas. Mr. President, under the order under which we are proceeding, I understand that an objection can be made at any time before the bill is finally disposed of. Mr. REED of Pennsylvania. That is true, Mr. President. Mr. BLACK. The idea I have is this: If we go through the proceeding, and should adopt the amendment, I want the agreement to include the fact that we will go on with the bill.

Mr. FLETCHER. We can go on until 11 o'clock. Mr. BLACK. Then, if I can get the amendment up and get it passed, and the bill should be allowed to go over indefinitely, we could not be any nearer a conclusion than we are now.

Mr. REED of Pennsylvania. I am sorry; I am not asking for agreements with anybody. I am trying to get consideration for a bill on which everybody is agreed, and I am willing to give full consideration to the Senator's amendment; but I can not stipulate in advance that the Senate will be willing to pass the bill after they have heard the debate, no matter what happens.

Mr. BLACK. Then I ask unanimous consent that we go ahead and dispose of this bill and the amendment, and vote on it by 11 o'clock.

The VICE PRESIDENT. Is there objection. It will be necessary to have a quorum call.

Mr. SWANSON. The Senator said "11 o'clock." He had better say "five minutes to 11," because at 11 o'clock we automatically adjourn.

Mr. JONES. Mr. President, I want to ask the Senator from Pennsylvania if this is such a bill that we can afford to make an agreement of that sort?

Mr. REED of Pennsylvania. This bill means so much to the Army that I am almost willing to jeopardize the success of the bill by making the agreement in order to get it considered. The amendment of the Senator from Alabama in my judgment would go far toward ruining the morale of the commissioned officers of the Regular Army; but I am depending on the good sense of the Senate, after they have heard it explained, not to adopt that amendment.

Mr. JONES. I want to ask the Senator if the amendment that he refers to is the bill that was reported by the Senator from Alabama, about which I am receiving so many communications?

Mr. BLACK.

Yes, sir; that is the amendment.

Mr. JONES. I should object myself to any agreement of that sort.

Mr. REED of Pennsylvania. I hope, Mr. President, we can go ahead with the consideration of the committee amendment, and that, in the time that we have, we may hear an explanation of what it is that the Senator from Alabama proposes. The VICE PRESIDENT. Is there objection to reverting to House bill 12814? The Chair hears none.

The Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. 12814) to increase the efficiency of the Air Corps, which had been reported from the Committee on Military Affairs with an amendment, to strike out all after the enacting clause and to insert:

That the aggregate number of commissioned officers of the Regular Army and Philippine Scouts on the active list shall not exceed the number now or hereafter expressly authorized by law, and all such officers, except officers of the Medical Department, chaplains, and pro

The number of

fessors, shall be designated as promotion-list officers. promotion-list officers in each of the grades below brigadier general shall be such as results from the operation of the promotion system prescribed in this act, and shall not be otherwise limited: Provided, That except as otherwise in this act specifically prescribed, the number of promotion-list colonels, lieutenant colonels, and majors shall not exceed 6 per cent, 8 per cent, and 26 per cent, respectively, of the maximum authorized number of promotion-list officers of all grades, and the number of promotion-list field officers shall not be less than 26 per cent of the maximum authorized number of promotion-list officers of all grades.

SEC. 2. That, subject to such examination as shall have been required by authority of law, promotion-list officers in the grades of second lieutenant, first lieutenant, captain, major, and lieutenant colonel shall be promoted to the respective next higher grade when their names appear first in their grade upon the promotion list, and when, under provisions of this act, they are credited with 3, 10, 15, 20, and 26 years of service, respectively: Provided, That the promotion of lieutenant colonels, majors, and captains credited with 26, 20, and 15 years of service, respectively, shall be deferred so long as necessary to prevent the maximum percentages herein before prescribed for the respective next higher grades being exceeded, and, in so far as necessary to maintain the prescribed minimum of field officers, captains credited with less than 15 years of service shall be promoted in the order of their standing upon the promotion list.

SEC. 3. That to provide the Air Corps for the time being with the minimum necessary number of colonels, lieutenant colonels, majors, and captains, officers commissioned in the Air Corps in the respective next lower grades who are on duty requiring them to participate regularly and frequently in aerial flights may be temporarily promoted in the order of their relative standing upon the promotion list in such numbers as will cause the total number of officers then commissioned and serving in the Air Corps in the grade of colonel to be not to exceed 2 per cent, in the grade of lieutenant colonel not to exceed 4 per cent, in the grade of major not to exceed 15 per cent, and in the grade of captain not to exceed 30 per cent, of the total number of officers commissioned in the Air Corps: Provided, That no officer shall be temOfficers in any grade serving porarily promoted more than one grade.

under temporary commissions shall be in addition to the maximum limiting percentage for such grade hereinbefore prescribed in this act. Officers temporarily promoted under provisions of this act shall maintain their positions on the promotion list, shall not vacate their permanent commissions, shall be regularly promoted as prescribed in this act for all other officers, and each temporary appointment shall terminate upon acceptance of the corresponding permanent commission. Officers of the Air Corps holding temporary commissions in any grade shall take rank in the Air Corps next after officers of the same grade regularly commissioned therein.

SEC. 4. Length of service for promotion under this act shall be computed as follows:

the

First, cach promotion-list officer originally commissioned in Regular Army prior to July 2, 1920, without prior Federal commissioned service, whose active commissioned service shall have been continuous since acceptance of original commission, shall be credited with the full period from the date of such original commission; in Second, each promotion-list officer commissioned the Regular Army or Philippine Scouts prior to July 2, 1920, who is not included in the category defined in the preceding subparagraph shall be credited with a length of service equal to that accredited to the officer of said category whose name appears nearest above his on the promotion list;

Third, each promotion-list officer originally commissioned in the grade of second lieutenant in the Regular Army or Philippine Scouts after July 1, 1920, shall be credited only with the period of service from the date of such original commission: Provided, That each promotion-list officer not included in any of the foregoing categories and each officer of said categories whose original relative position on the promotion list shall have been changed or affected by sentence of court-martial, by special enactment, by discontinuity of his active service, or by suspension from promotion, shall be credited with such length of service for promotion as the Secretary of War shall determine to be appropriate to his relative position on the promotion list.

SEC. 5. That all prior statutory provisions governing the termination of active service of officers shall, except as otherwise specifically prescribed in this act, continue in full force and effect and be administered as now provided by law: Provided, That the limited and unlimited lists of retired officers of the Regular Army and Philippine Scouts are hereby merged into one list to be known as the Regular Army officers' retired list, which shall comprise the names of all such officers who shall have been lawfully retired from active service, and hereafter the number of officers who may be retired and carried on said list from time to time shall be such as shall result from the administration of the various statutes authorizing such retirement without other limitation: Provided further, That, excepting section 190, Revised Statutes of the United States, all laws or parts of laws

restricting the freedom of persons on the retired lists of the Regular Army, who are otherwise eligible to accept any civil office or employment, or affecting their retired status or retired pay on account of holding any 'civil office or employment and receiving the compensation thereof, are hereby repealed in so far as they apply to said persons; and any such persons who may be employed in any civil office or position under authority of the United States shall be entitled to receive the full compensation allotted to such office or position without regard to such person's retired pay: Provided further, That when any officer of the Regular Army or Philippine Scouts shall have served 35 years or more, including all service counted toward eligibility for voluntary retirement under existing laws, including this act, he shall, if he makes application therefor to the President, be retired from active service and placed upon the retired list: Provided further, That when any officer of the Regular Army or Philippine Scouts shall have served 40 years as a commissioned officer in active service in the Army of the United States, or is 60 years old, he may, without action of a retiring board, be retired from active service, at the discretion of the President, and placed upon the retired list: Provided further, That in computing eligibility for voluntary retirement of officers of the Army each officer shall in addition to all service now credited under existing laws be credited with additional constructive credit equal to one-half the time, if any, that he shall have been actually detailed to duty involving flying, except in time of war: Provided further, That flying officers of the Air Corps who become physically disqualified for flying duty shall be eligible for retirement for physical disability.

SEC. 6. That during each fiscal year promotion-list officers who were originally appointed in the Regular Army or Philippine Scouts prior to July 1, 1920, or as of that date, may file applications to be transferred from the active list in the manner hereinafter provided, and the President is hereby authorized, on or before June 30 of each fiscal year, to designate for transfer from the active list from among such applicants who shall have been recommended for such transfer by a board of general officers, such number as shall not exceed 1 per cent of the maximum authorized number of promotion-list officers of all grades.

Officers designated for transfer from the active list under provisions of this section shall be ordered to their homes as soon as practicable after such designation and, upon expiration of such leave of absence with full pay as may be granted under existing law, shall be transferred to the retired list with retired pay at the rate of 2% per cent of active pay, multiplied by the number of complete years of service, but not exceeding 30 years, with which credited for pay purposes, excepting non-Federal service: Provided, That each computation of service and pay of an officer designated for transfer from the active list under this section shall be as of the date of such designation: Provided further, That any officer originally appointed in the Regular Army as of July 1, 1920, at an age greater than 45 years, may, if he so elects, in lieu of retired pay at the rate hereinbefore provided, receive retired pay at the rate of 4 per cent of active pay for each complete year of commissioned service in the United States Army, not exceeding 75 per cent of active pay.

Officers designated in any fiscal year for transfer from the active list shall, for purposes of computations under provisions of this act, be deemed to have been transferred from the active list during the fiscal year in which designated, notwithstanding the deferment of separation

as herein authorized.

SEC. 7. That except as specifically provided in this act, nothing therein shall be held or construed to discharge any officer from the Regular Army or to deprive him of the commission which he holds therein, or to reduce the rank or pay, active or retired, of any officer

made to have all of those examinations uniform, necessarily the men were marked by different boards of officers. Necessarily the candidates were differently qualified.

I think it is fair to say that the members of our Army in France were more strictly marked, on the whole, than were those of the Army here. They were marked by officers who had led these men in combat, who had tried them out.

However that might be, it was realized that whatever injustices might result would be atoned for by the grouping of these company officers, so-called, all together, without distinction of captains or lieutenants, in the order of their commissioned experience. That really was necessary, because some branches of the Army, like the Judge Advocate General's Department, did not have any lieutenants at all; and there was one actual case where an officer was commissioned two days before the armistice as a captain in the Judge Advocate General's Department. Obviously, it would be unjust to rank him ahead of a first lieutenant of Infantry who had served through many battles and been in command of men for many months. However, that was the law, and it was very plain.

Over 5,000 officers were admitted at that time, almost all of approximately the same age, and all of them within 18 months of one another in the length of their experience. That group of officers constitutes on the promotion list what is known as the "hump." It is obvious that those who are at the upper end of the "hump" will go on in normal promotion, will become colonels, will be eligible for appointment as general officers, and will go through the normal course of an officer of the Army; while those at the bottom, perhaps equally meritorious, will be so clogged in promotion by this great group of officers of the same age that some of them actually will retire as captains when they reach the age of 64.

The effort to ameliorate that condition has engaged the attention of the Military Affairs Committees of both the Senate and the House for the last five or six years. Many suggestions have been made. Almost all of them are unsatisfactory to somebody.

It is suggested by the Senator from Alabama [Mr. BLACK], in a bill which he has introduced and in the amendment which he is about to offer, that the promotion list ought to be all taken apart again from the way it was made eight years ago, and that the captains ought to be put ahead, and then the first lieutenants, and then the second lieutenants, and that they ought to be separately ranked on the promotion list in accordance with the grades under which they were commissioned in 1920.

The trouble with that is that it upsets an arrangement that has been standing for those eight years. It fixes their rank now on the promotion list in accordance with the entirely fortuitous circumstance of the rank they were given by the examining board back in 1920; and we can not get an appreciation of the consequences that it will work until we take some particular cases.

I know the time is limited, and I do not mean to filibuster against my own bill; but I want the Senate to bear with me just a moment while I give some typical cases that will happen; and I am going to give the names, because the officers themselves will not in the least mind my doing so.

Here is Capt. George P. Hays; age, 36; appointed from Oklahoma; graduated from the first training camp. In October, 1917, he accepted appointment as a second lieutenant of Field

1928, and all laws and parts of laws, in so far as the same are inconsistent herewith or are in conflict with any of the provisions hereof, are hereby repealed as of that date.

taincy on June 30, 1920.

The amendment of the Senator from Alabama would drop that man 800 files on the promotion list, although he has been awarded the congressional medal of honor for distinguished

Mr. REED of Pennsylvania. Yes; I shall be glad to do so. In 1920 the national defense act authorized an increase in the enlisted strength and the commissioned strength of the Army; and the maximum of the commissioned strength was fixed at 12,000 officers. There were then commissioned in the Regular Army less than 7,000 officers, and it became necessary to take in additional officers amounting to more than 5,000 in number. We had almost 150,000 officers of experience in the World War; and the opportunity was offered to them to come in and, by competitive examination, stand for new commissions in this increase of the Army. The act under which they were invited to come in provided that captains and first and second lieutenants should be grouped together and ranked in the order of their commissioned experience.

A very large number of those temporary officers came in and took the examination. They took it at many places-some of them on the Rhine, some of them here, some of them in the Philippines, some in San Francisco-and while the effort was

against the enemy in July, 1918. He had seven horses shot from under him while establishing contact with neighboring command posts and batteries. In his new position under this proposed amendment he would have put ahead of him about 350 officers of less service than his and about 500 of equal service, and there would be a group 1,200 numbers ahead of him of 20 officers who had not even been commissioned at the time that man won the medal of honor. Of those 20 officers, 17 are in staff branches, 9 quartermasters, 4 in the Finance Department, 1 in ordnance, 1 in chemical warfare, 2 Judge Advocate General, 1 Air Corps, 1 Infantry, 1 Engineers. That is a typical case. I could go on on; I have a package of them. I could give 50 such cases. That is the reason in brief why so many of us object to the bill of the Senator from Alabama.

Mr. SWANSON. What does the Black amendment do? Mr. REED of Pennsylvania. It takes the whole promotion list apart, builds it over again, putting all the captains on top, then first lieutenants, then the second lieutenants, so that a captain of two days' service before the armistice would rank a