Composition. Feb. 2, 1901, s. ORGANIZATION. Par. 902. Contract surgeons. 899. The Medical Department shall consist of one 18. v. 31. p. 752. Surgeon-General with the rank of brigadier-general, eight assistant surgeons-general with the rank of colonel, twelve deputy surgeons-general with the rank of lieutenantcolonel, sixty surgeons with the rank of major, two hundred and forty assistant surgeons with the rank of captain and first lieutenant, the Hospital Corps as now authorized by law and the Nurse Corps. Sec. 18, act of February 2, 1901 (31 Stat. L., 752). geons. Ibid. Volunteer sur- 900. On or after the passage of this act the President may appoint for duty in the Philippine Islands fifty surgeons of volunteers with the rank and pay of major, and one hundred and fifty assistant-surgeons of volunteers with the rank and pay of captain mounted, for a period of two years: Provided, That so many of these volunteer medical officers as are not required shall be honorably discharged the service whenever, in the opinion of the Secretary of War, their services are no longer needed. Ibid. 1 For a note containing the statutory history of the Medical Department see end of chapter. cedence. 23, p. 111. 901. Officers of the Medical Department shall take rank Rank and preand precedence in accordance with date of commission or. appointment, and shall be so borne on the official Army Register. Act of July 5, 1884 (23 Stat. L., 111). June 30, 1834, c. 714 902. No person shall receive the appointment of assistant Examinations. surgeon unless he shall have been examined and approved 13, 1. v. 4, p, by an army medical board, consisting of not less than Sec. 1172, B.S. three surgeons or assistant surgeons, designated by the Secretary of War; and no person shall receive the appointment of surgeon unless he shall have served at least five years as an assistant surgeon in the Regular Army, and shall have been examined and approved by an army medical board, consisting of not less than three surgeons, designated as aforesaid.' 903. Assistant surgeons who have served five years as surgeons or assistant surgeons in the volunteer forces [shall] be eligible to promotion to the grade of captain. Sec. 4, act of June 23, 1874 (18 Stat. L., 244). 2 Promotion af- Sec. 1170, R.S. tion. 904. Before receiving the rank of captain of cavalry, of assistant surassistant surgeons shall be examined, under the provisions geons for promoof an act approved October first, eighteen hundred and V. 26, p. 562; ninety, entitled "An act to provide for the examination 1892, v. 27, p. 276. of certain officers of the Army and to regulate promotions sec. 2, July 27, Credit for serv therein.”3 Sec. 2, act of July 27, 1892 (27 Stat. L., 276). 905. The period during which any assistant surgeon ice. shall have served as a surgeon or assistant surgeon in the 18, v. 31, p. 752. Volunteer Army during the war with Spain, or since, shall be counted as a portion of the five years' service required Feb. 2, 1901, s. 1 No allowance will be made for the expenses of persons undergoing examination, but those who receive appointments will be entitled to travel allowances in obeying the first order assigning them to duty. Par. 1573, A. R., 1901. "The word "shall" omitted from the roll. 'Section 1172, Revised Statutes, provides that "no person shall receive the appointment of surgeon unless he shall have been examined and approved by an army medical board." The act of October 1, 1890 (26 Stat. L., 562), provides that "should the officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted." An assistant surgeon reported by one board as "not qualified physically," and by a subsequent board as "incapacitated for active service," is not entitled to be retired as if he had passed examination, though he continues on the active list for several years, and requests examination for promotion. Steinmetz v. U. S., 33 Ct. Cls., 404. Feb. 2, 1901, s. Sec. 1168, R.S. Par. 925-928. The Nurse Corps (female). 932-933. Purchases. 934, 935. Sales of medical supplies. 936-939. The Army and Navy Hospital. 940-941. The Army Medical Museum. 942-952. Artificial limbs. ORGANIZATION. Par. 902. Contract surgeons. Composition. 899. The Medical Department shall consist of one 18. v. 31. p. 752. Surgeon-General with the rank of brigadier-general, eight assistant surgeons-general with the rank of colonel, twelve deputy surgeons-general with the rank of lieutenantcolonel, sixty surgeons with the rank of major, two hundred and forty assistant surgeons with the rank of captain and first lieutenant, the Hospital Corps as now authorized by law and the Nurse Corps. Sec. 18, act of February 2, 1901 (31 Stat. L., 752). geons. Ibid. Volunteer sur- 900. On or after the passage of this act the President may appoint for duty in the Philippine Islands fifty surgeons of volunteers with the rank and pay of major, and one hundred and fifty assistant-surgeons of volunteers with the rank and pay of captain mounted, for a period of two years: Provided, That so many of these volunteer medical officers as are not required shall be honorably discharged the service whenever, in the opinion of the Secretary of War, their services are no longer needed. Ibid. For a note containing the statutory history of the Medical Department see end of chapter. 901. Officers of the Medical Department shall take rank and precedence in accordance with date of commission or appointment, and shall be so borne on the official Army Register. Act of July 5, 1884 (23 Stat. L., 111). Rank and pre cedence. July 5, 1884, v. 23, p. 111. 906. Relative rank on appointment. June 30, 1834, c. 714. Sec. 1172, B.S. 902. No person shall receive the appointment of assistant Examinations. surgeon unless he shall have been examined and approved 133, s. 1, v. 4, p, an army medical board, consisting of not less than three surgeons or assistant surgeons, designated by the Sretary of War; and no person shall receive the appointment of surgeon unless he shall have served at least five rear as an assistant surgeon in the Regular Army, and tail have been examined and approved by an army medyal board, consisting of not less than three surgeons, ignated as aforesaid." Promotion after five years' service. Mar. 2, 1867, c. 903. Assistant surgeons who have served five years as surgeons or assistant surgeons in the volunteer forces -tall be eligible to promotion to the grade of captain. 423 June 23, Nr. 4. act of June 23, 1874 (18 Stat. L., 244). 1874, s. 4, v. 18, p. 244. of Sec. 1170, R.S. assistant sur geons for promotion. 26, p. 562; sec. 2, July 27, 904. Before receiving the rank of captain of cavalry, a-i-tant surgeons shall be examined, under the provisions of an act approved October first, eighteen hundred and .nety, entitled "An act to provide for the examination 1892, v. 27, p. 276. f certain officers of the Army and to regulate promotions therein." Sec. 2. act of July 27, 1892 (27 Stat. L., 276). 905. The period during which any assistant surgeon ice. ail have served as a surgeon or assistant surgeon in the 18,11902, Volunteer Army during the war with Spain, or since, shall counted as a portion of the five years' service required Credit for serv v. p. 752. wance will be made for the expenses of persons undergoing examination, receive appointments will be entitled to travel allowances in obeying *ter assigning them to duty. Par. 1573, A. R., 1901. d"-hall" omitted from the roll. 1172, Revised Statutes, provides that "no person shall receive the appoint$wangwon * * * unless he shall have been examined and approved by an albard." The act of October 1, 1890 (26 Stat. L., 562), provides that the officer fail in his physical examination and be found incapacitated for ason of physical disability contracted in the line of duty, he shall be th the rank to which his seniority entitled him to be promoted." An an reported by one board as "not qualified physically," and by a subat ts and as "incapacitated for active service," is not entitled to be retired as if ad examiration, though he continues on the active list for several years, Tests examination for promotion. Steinmetz v. U. S., 33 Ct. Cls., 404. Relative rank. Contract geons. Ibid. sur Contract dental surgeons. Ibid. The same. to entitle him to the rank of captain. Sec. 18, act of Feb. ruary 2, 1901 (31 Stat. L., 752). 906. Nothing in this section shall affect the relative rank for promotion of any assistant surgeon now in the service, or who may hereafter be appointed therein, as determined by the date of his acceptance of appointment or commission and as fixed in accordance with existing law and regulations. Ibid. CONTRACT SURGEONS-DENTAL SURGEONS. 907. In emergencies the Surgeon-General of the Army, with the approval of the Secretary of War, may appoint as many contract surgeons as may be necessary, at a compensation not to exceed one hundred and fifty dollars per month. Sec. 17. Ibid. 908. The Surgeon-General of the Army, with the approval of the Secretary of War, is hereby authorized to employ dental surgeons to serve the officers and enlisted men of the Regular and Volunteer Army, in the proportion of, not to exceed one for every one thousand of said Army, and not exceeding thirty in all. Said dental surgeons shall be employed as contract dental surgeons under the same terms and conditions applicable to army contract surgeons, and shall be graduates of standard medical or dental colleges, trained in the several branches of dentistry, of good moral and professional character, and shall pass a satisfactory professional examination. Ibid. 909. Three of the number of dental surgeons to be Supervision. employed shall be first appointed by the Surgeon General, with the approval of the Secretary of War, with reference Ibid. 'This enactment replaces section 2 of the act of May 12, 1898 (30 Stat. L., 400), in pari materia. The office of contract surgeon was first established by regulation, but their compensation has been provided for in the annual acts of appropriation for the support of the Army. Such provision ceased to be made in the act of July 16, 1892 (27 Stat. L., 175), and, until May 12, 1898, when their employment was again authorized by law. A "contract" or "acting assistant" surgeon is not a military officer and has no military rank or status. He is amenable, indeed, to the military jurisdiction when employed with the Army in the field in time of war, but he is in fact no part of the military establishment, but is simply a civilian employed by the United States, under a special contract for his personal services as a medical attendant to the troops. When not serving with troops before the enemy he has no other relation to the military organization or the Government than that established by the terms of his contract, made in accordance with the Army Regulations. He is not subject to military orders in general, like an officer or soldier, but only to such orders or directions as properly pertain to the peformance of his particular duties. He is of course not eligible to be detailed as a member of a military court. As a civilian, however, he is entitled to the per diem allowance, etc., when duly attending a court-martial as a witness. Dig. Opin. J. A. G., par. 384. |