698. The Secretary of War may assign one of the judge-advocates of the Army to be professor of law. Art of June 6, 1874 (18 Stat. L., 60). Judge advo cates of depart courts-martial 699. Judge-advocates of departments and of courts martial and the trial officers of summary courts are hereby ments and of authorized to administer oaths for the purposes of military may administer justice and for other purposes of military administration. purposes. Sec. 4. act of July 27, 1892 (27 Stat. L., 278). for Séc. 4, July 27, 1892, v. 27. p. 278. proceedings of courts martial. 19, p. 310. 700. Hereafter the records of regimental, garrison, and Disposition of field officers [and] courts-martial shall, after having been certain minor acted upon, be retained and filed in the judge-advocate's Mar. 3, 1877, v. office at the headquarters of the department commander in whose department the courts were held for two years, at the end of which time they may be destroyed. Act of March 3, 1877 (19 Stat. L., 310). peace, The same. June 18, 1898, 8. 701. Post and other commanders shall, in time of on the last day of each month, make a report to the de- 4, v. 30, p. 483. partment headquarters of the number of cases determined by the summary court during the month, setting forth the offenses committed and the penalties awarded, which report shall be filed in the office of the judge-advocate of the department, and may be destroyed when no longer of use. Sec. 4, act of June 18, 1898 (30 Stat. L., 483). Judge Advocate-General is the custodian of the records of all general courts-martial, courts of inquiry, and military commissions, and of all papers relating to the title of lands under the control of the War Department, except the Washington Aqueduct and the public buildings and grounds in the District of Columbia. The officers of this department render opinions upon legal questions when called upon by proper authority. Par. 991, A. R., 1901. The original proceedings of all general courts-martial, courts of inquiry, and military Commissions, with the decisions and orders of the reviewing authorities made thereon, and the proceedings of all general courts-martial, courts of inquiry, and military com missions which require the confirmation of the President, but which have not been appointed by him, will be forwarded direct to the Judge-Advocate-General. One copy of the order promulgating the action of the court and a copy of every subsequent order affecting the case will be forwarded to the Judge-Advocate-General, with the record of each case. When more than one case is embraced in a single order, a sufficient number of copies will be forwarded to enable one to be filed with each record. The proceedings of all courts and military commissions appointed by the President will be sent direct to the Secretary of War. Par. 993, A. R., 1901. Applications of officers, enlisted men, and military prisoners for copies of proceedings of general courts-martial, to be furnished them under the one hundred and fourteenth article of war, will, when received by post or other commanders, be forwarded direct to the Judge-Advocate-General. Par. 995, A. R., 1910. Communications relating to proceedings of military courts on file in the JudgeAdvocate-General's Department will be addressed and forwarded direct by department commanders to the Judge-Advocate-General. In routine matters the Judge-AdvocateGeneral and judge-advocates may correspond with each other direct. Par. 996, A. R., 1901. The reports which the Judge-Advocate-General may render upon cases received by him, and which require the action of the President, will be addressed to the Secretary of War and will be forwarded, through the Commanding General of the Army, for such remarks and recommendations as he may see fit to make. Par. 997, A. R., 1901. But, see the act of June 1, 1880 (21 Stat. L., 153), which authorizes any officer of the Army to be so detailed. The act of June 27, 1881, contained a similar requirement. HISTORICAL NOTE.-The office of Judge-Advocate of the Army was created during the war of the Revolution, having been established by resolution of Congress of July 25, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 29 of the same year. In the reenactment of the Articles, in 1776, this officer was styled the Judge-Advocate-General of the Army and was empowered to prosecute in the name of the United States or to conduct such prosecutions by deputy. The office of Judge-Advocate ceased to exist at the disbandment of the Revolutionary armies, but was revived by section 2 of the act of March, 3, 1797 (1 Stat. L., 507), which made provision for a Judge-Advocate, to be taken from the commissioned officers of the line, who was to receive the same pay and allowances as the brigade major (adjutant) and inspector therein authorized. This office, with other offices in the general staff, was discontinued by the act of March 16, 1802 (2 ibid., 132). Section 19 of the act of 1812 (ibid., 674), passed in contemplation of war with England, made provision for one judge-advocate, with the rank of major, to each division, and this number was increased to three by section 2 of the act of April 24, 1816 (3 ibid., 397). At the reduction of 1818 these officers were disbanded (act of April 14, 1818, 3 ibid., 426), and the office of Judge-Advocate of the Army was discontinued by the act of March 2, 1821 (ibid., 615). By section 4 of the act of March 3, 1849 (9 ibid., 351), the office of Judge-Advocate of the Army was reestablished, with the rank and pay of major of cavalry. By section 5 of the act of July 17, 1862 (12 ibid., 598), the office of Judge-Advocate-General was created, with the rank and pay of brigadier-general; by this enactment the duties of the office were defined. By section 5 of the same statute provision was made for a corps of judge-advocates, one of whom was to be assigned to duty at the headquarters of each army in the field. By section 5 of the act of June 20, 1864 (13 ibid., 145), the Bureau of Military Justice was established, to which the Judge-Advocate-General was transferred, and an Assistant Judge-Advocate-General, with the rank of colonel of cavalry, was authorized. By section 12 of the act of July 28, 1866 (14 ibid., 334), the composition of the department was fixed at one Judge-Advocate-General (brigadiergeneral), one Assistant Judge-Advocate-General (colonel), and ten judge-advocates were added to the military establishment, who were to be selected by the Secretary of War from the corps of judge-advocates authorized by the act of July 17, 1862. By this statute the office of Solicitor of the War Department was discontinued, the duties of the office being merged in the Bureau of Military Justice. By section 3 of the act of March 3, 1869 (15 Stat. L., 318), all appointments and promotions in the several departments of the staff were prohibited until otherwise directed by law; but this restriction was removed, as to the Bureau of Military Justice, by the act of April 10, 1869 (16 ibid., 44), which fixed the number of judge-advocates at eight. By section 2 of the act of June 23, 1874 (18 ibid., 244), the office of Assistant Judge-AdvocateGeneral was discontinued, and it was provided that there should be no appointments to the grade of major until the number of officers of that grade had been reduced to four. By the act of July 5, 1884 (23 ibid., 113), the Bureau of Military Justice and the corps of judge-advocates were consolidated and merged in the Judge-AdvocateGeneral's Department, the composition of which was fixed as follows: One JudgeAdvocate-General (brigadier-general), one Asssistant Judge-Advocate-General (colonel), three deputy judge-advocates-general (lieutenant-colonels), and three judgeadvocates (majors). Promotion to the grade of colonel was to be by seniority, and provision was made for the detail of officers of the line as judge-advocates of military departments, who were to have, while so serving, the rank and pay of captains mounted. By section 15 of the act of February 2, 1901 (31 ibid., 751), the permanent strength of the Department was fixed at one Judge-Advocate-General with the rank of brigadiergeneral, two judge-advocates with the rank of colonel, three judge-advocates with the rank of lieutenant-colonel, and six judge-advocates with the rank of major. The system of details of officers of the grade of captain or first lieutenant to serve as acting judge-advocates, and, while so serving, to have the rank, pay, and allowances of captains mounted, as established by the act of July 5, 1884 (23 Stat. L., 113), was recognized and continued. Composition. Feb. 2, 1901, s. Sec. 1132, R. S. 702. The Quartermaster's Department shall consist of one Quartermaster-General with the rank of brigadier- 16, v. 31. p. 751. general, six assistant quartermasters-general with the rank of colonel, nine deputy quartermasters-general with the rank of lieutenant-colonel, twenty quartermasters with the rank of major, sixty quartermasters with the rank of captain, mounted, and one hundred and fifty Sec. 16, act of February 2, * quartermaster-sergeants. 1901 (31 Stat. L., 751). PROMOTIONS, TRANSFERS, AND DETAILS. * Promotions. 703. So long as there remain any officers holding per- Feb. 2, 1901, s. manent appointments in the * Quartermaster's 26, 31, p. 755. Department including those appointed to original vacancies in the grades of captain and first lieutenant under provisions of sections sixteen, seventeen, twentyone, and twenty-four of this act, they shall be promoted For historical note see end of chapter. Section 16 of the act of February 2, 1901 (31 Stat. L., 752), contained the requirement that "the President is authorized to continue in the service, during the present emergency, for duty in the Philippine Islands and on transports, twenty-four captains and assistant quartermasters of volunteers." The same enactment provided that "all vacancies in the grade of colonel, lieutenant-colonel, and major created or caused by this section shall be filled by promotion according to seniority as now prescribed by law." It also provided "that to fill original vacancies in the grade of captain created by this act in the Quartermaster's Department the President is authorized to appoint officers of volunteers commissioned in the Quartermaster's Department since April 21, 1898." See also a clause extending the scope of selection in such appointments in paragraph 578, ante. Details. The same. Office of storekeeper discontinued. 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 officers so promoted shall hold their appointments. Sec. 26, act of February 2, 1901 (31 Stat. L., 755). 704. 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 Ibid. corps. 705. 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. 706. When a vacancy shall occur through death, retirement, or other separation from active service in the office of storekeeper in the Quartermaster's Department and Ordnance Department, respectively, now provided for by Mar. 2, 1899, v. law, said offices shall cease to exist. Acts of March 2, 1899 (30 Stat. L., 977), and February 2, 1901 (31 Stat. L., 748). 30, p. 977. Post quartermaster - sergeants. July 5, 1884, v. 1898, v. 30, p. 728. 30, p. 751. 2 POST QUARTERMASTER-SERGEANTS. 707. That the Secretary of War is authorized to appoint, on the recommendation of the Quartermaster-General, as 23, p. 109; July 8, many post quartermaster-sergeants, not to exceed one Feb. 2, 1901, v. hundred and fifty," as he may deem necessary for the interests of the service, said sergeants to be selected by examination from the most competent enlisted men of the Army who have served at least four years, and whose character and education shall fit them to take charge of public property and to act as clerks and assistants to post and other quartermasters. Said post quartermaster-sergeants shall, so far as practicable, perform the duties of storekeepers and clerks, in lieu of citizen employees. The post quartermaster-sergeants shall be subject to the Rules and Articles of War and shall receive for their services the same pay and 1 For statutory regulations respecting details to the staff, see the title Details to the Staff, in the chapter entitled THE STAFF DEPARTMENTS. The above statute replaces a similar restriction which was contained in section 2 of the act of March 3, 1875 (18 Stat. L., 339); the act of February 2, 1901, contained the same restriction. The office of storekeeper in the Quartermaster's Department, by the retirement of the last incumbent, has ceased to exist as a grade of rank on the active list. 3 Twenty-five post quartermaster-sergeants added to the existing establishment by the act of July 8, 1898 (30 Stat. L., 728); forty added by section 16, act of February 2, 1901 (31 ibid., 751). allowances as ordnance-sergeants.' Acts of July 5, 1884 (23 Stat. L.. 109), July 8, 1898 (30 Stat. L., 728), and Fbruary 2, 1901 (31 ibid., 751). DUTIES. Duties. Mar. 28, 1812, c. 696, 697, Aug. 23, 1842, 3, 5. v. 2, pp. c.186.3,v 5. p. 513, May 18, 4, p. 173. 1826, c. 74, s. 1, v. Sec. 1183, B.S. 708. It shall be the duty of the officers of the Quartermaster's Department, under the direction of the Secretary 46, of War, to purchase and distribute to the Army all military stores and supplies, requisite for its use, which other corps are not directed by law to provide; to furnish means of transportation for the Army, its military stores and supplies, and to provide for and pay all incidental expenses of the military service which other corps are not directed to provide for and pay. amount of sup scribed by Sec Mar. 3, 1813, c. 8.5, v. 2, p. 17. Sec. 219, R. S. 709. The Secretary of War shall from time to time define Kind and prescribe the kinds as well as the amount of supplies plies to be preto be purchased by the Subsistence and Quartermaster tary of War. Departments of the Army, and the duties and powers 48, thereof respecting such purchases; and shall prescribe general regulations for the transportation of the articles. of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations, be intrusted with the same; and shall fix and make reasonable allowances for the store rent and storage necessary for the safe-keeping of all military stores and supplies. naval and ma ments. 13, ss. 1, 2, v. 3, p. Sec. 1135, R.S. 710. The officers of the Quartermaster's Department Supplies to shall. upon the requisition of the naval or marine officer rine detach commanding any detachment of seamen or marines under Dec. 15, 1814, c. orders to act on shore, in cooperation with land troops, and 151. during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. duty of assistant 711. Assistant quartermasters shall do duty as assistant Subsistence commissaries of subsistence when so ordered by the Secre- quartermasters. tary of War. Sec. 1134, R.S. For corps of army service men, see chapter entitled THE MILITARY ACADEMY, |