s. 13, v. 30: May Volunteer Army, and the President may appoint officers of the Regular Army in the grade of field officers in organizations of the Volunteer Army raised in the District of Columbia and the Indian Territory and in the regiments, possessing special qualifications, provided for in section. six of the act of Congress approved April twenty-second, April 22, 1889, eighteen hundred and ninety-eight, and in section two of 28, 1898, v. 30. the act of Congress approved May eleventh, eighteen hundred and ninety-eight; and officers thus appointed shall be entitled to retain their rank in the Regular Army: Provided, That not more than one officer of the Regular Army shall hold a commission in any one regiment of the Volunteer Army at the same time: And provided further, That officers so appointed shall be entitled to receive only the pay and allowances of their rank in the volunteer organization.—Sec. 13, act of April 22, 1898, as amended by sec. 2 of the act of May 28, 1898. ular Army not to May 28, 1898. v. Officers of the Regular Army receiving commissions in officers of Regregiments of engineers, or any other commissions in the vacate offices. Volunteer Army, shall not be held to vacate their offices 30. 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. Act of May 28, 1898. BOARDS OF EXAMINATION. Examinations of volunteer offi Apr. 22, 1898, s. The general commanding a separate department or a detached army is authorized to appoint from time to time cers. military boards of not less than three nor more than five 14, v. 30. volunteer officers of the Volunteer Army to examine into the capacity, qualifications, conduct, and efficiency of any commissioned officer of said army within his command: Provided, That each member of the board shall be superior in rank to the officer whose qualifications are to be inquired into: And provided further, That if the report of such a board is adverse to the continuance of any officer, and the report be approved by the President, such officer shall be discharged from service in the Volunteer Army, at the discretion of the President, with one month's pay and allowances. Sec. 11, ibid. DISBANDMENT OF VOLUNTEERS. All officers and men composing said army shall be discharged from the service of the United States when the purposes for which they were called into service shall have been accomplished, or on the conclusion of hostilities. Sec. 4, ibid. Disbandment of volunteers. Reimburse ment of States, incurred. v. 30. FOR REIMBURSEMENT OF STATES AND TERRITORIES That the Secretary of the Treasury be, and he is hereby, etc., for expenses directed, out of any money in the Treasury not otherwise July 8, 1898, appropriated, to pay to the governor of any State or Territory, or to his duly authorized agents, the reasonable costs, charges, and expenses that have been incurred by him in aiding the United States to raise the Volunteer Army in the existing war with Spain by subsisting, clothing, supplying, equipping, paying, and transporting men of his State or Territory who were afterwards accepted into the Volunteer Army of the United States: Provided, That the transportation paid for shall be only the transportation of such men from the place of their enrollment for service in the Volunteer Army of the United States to the place of their acceptance into the same by the United States mustering officer, and that the names of the men transported shall appear on the muster rolls of the Volunteer Army of the United States: And provided further, That such claims shall be settled upon proper vouchers to be filed and passed upon by the proper accounting officers of the Treasury: And provided further, That in cases where the money to pay said costs, charges, and expenses has been or may hereafter be borrowed by the governors or their respective States or Territories, and interest is paid, or may hereafter be paid, on the same, by the governors or their States or Territories, from the time it was or may be so borrowed to the time of its refundment by the United States, or thereafter, such interest shall not be refunded by the United States; nor shall any interest be paid the gov ernors or their States or Territories on the amounts paid out by them, nor any other amount refunded or paid than is in this Act expressly mentioned.-Act of July 8, 1898. CHAPTER XII. when different join. RANK AND COMMAND-TACTICAL AND TERRI Par. TORIAL ORGANIZATIONS. 443. Command, when different 444. Regular and volunteer offi- Par. 449. Assignment and transfer of engineers. 450. Medical officers not to command in line or in other staff corps. 445. Rank of militia officers when 451. Pay officers not to command on duty with regular or volunteer forces. in line or in other staff corps. 446. Relative rank of army and 452. Tactical organizations. navy officers. 447. Relative rank, how deter mined. 448. Assignments to duty accord ing to brevet rank. 453. Military headquarters, location. 454. Clerks and messengers. Command, 443. If, upon marches, guards, or in quarters, different corps happen to corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by commission, there on duty or in quarters, shall command' the whole, and give orders for what 122 Art. War. The terms "rank" and "command" have received Executive interpretation in paragraphs 7 and 13 of the Army Regulations of 1895. Military rank is that character or quality bestowed on military persons which marks their station, and confers eligibility to exercise command or authority in the military service within the limits prescribed by law. It is divided into degrees or grades, which mark the relative positions and powers of the different classes of persons possessing it. (Par. 7, A. R., 1895.) Rank is generally held by virtue of office in a regiment, corps, or department, but may be conferred independently of office, as in the case of retired officers and of those holding it by brevet. (Par. 8, A. R., 1895.) The following are the grades of rank of officers and noncommissioned officers: 1. Major general. 2. Brigadier-general. 3. Colonel. 4. Lieutenant-colonel. 5. Major. 6. Captain. 7. First lieutenant. 8. Second lieutenant. 9. Cadet. 10. Sergeant major (regimental). In each grade, date of commission, appointment, or warrant determines the order of precedence. (Par. 9, A. R., 1895.) A determination by the 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 C. Cls. R., 117. 154 is needful to the service, unless otherwise specially directed by the President, according to the nature of the case. One hundred and twenty-second article of war. volunteer offi same footing as to Mar. 2, 1867, c. 444. In all matters relating to the rank, duties, and rights Regular and of officers, the same rules and regulations shall apply to cers on officers of the Regular Army and to volunteers commis- rank, etc. sioned in, or mustered into said service, under the laws of 159, s. 2, v. 14, p. the United States, for a limited period. One hundred and twenty-third article of war. 435. 123 Art. War. Rank of mili tia officers when on duty with reg ular or volunteer Mar. 2, 1867, c. 435. 445. Officers of the militia of the several States, when called into the service of the United States, shall on all detachments, courts-martial, and other duty wherein they forces. may be employed in conjunction with the regular or volun- 159, s. 2. v. 14, p. teer forces of the United States, take rank next after all officers of the like grade in said regular or volunteer forces, notwithstanding the commissions of such militia officers may be older than the commissions of the said officers of the regular or volunteer forces of the United States. One hundred and twenty-fourth article of war. 124 Art. War. of navy and July 16, 1862, c. 183, s. 13, v. 12, p. 446. The relative rank between officers of the Navy, Relative rank whether on the active or retired list, and officers of the army officers. Army, shall be as follows, lineal rank only being considered: The Vice-Admiral shall rank with the Lieutenant-General. Rear-admirals with major-generals. Commodores with brigadier-generals. Captains with colonels. Commanders with lieutenant-colonels. Lieutenants, junior grade, with first lieutenants. Command is exercised by virtue of office and the special assignment of officers holding military rank who are eligible by law to exercise command. Without orders from competent authority an officer can not put himself on duty by virtue of his commission alone, except as contemplated in the twenty-fourth and one hundred and twenty-second articles of war. (Par. 13, A. R., 1895.) The following are the commands appropriate to each grade: 1. For a captain, a company. 2. For a major or lieutenant-colonel, a battalion or squadron. 3. For a colonel, a regiment. 4. For a brigadier-general, two regiments. 5. For a major-general, four regiments. (Par. 14, A. R., 1895.) The functions assigned to any officer in these regulations by title of office devolve upon the officer acting in his place, except when otherwise specified. An officer in temporary command shall not, except in urgent cases, alter or annul the standing orders of the permanent commander without authority from the next higher commander. (Par. 15, A. R., 1895.) An officer who succeeds to any command or duty stands in regard to his duties in the same situation as his predecessor. The officer relieved will turn over to his successor all orders in force at the time and all the public property and funds pertaining to his command or duty, and will receive therefor duplicate receipts showing the condition of each article. (Par. 16, A. R., 1895.) When an officer is charged with directing an expedition or making a reconnoissance, without having command of the escort, the commander of the escort will consult him touching all arrangements necessary to secure the success of the oper ation. (Par. 19, A. R., 1895.) For statutory provisions respecting the exercise of command by staff officers see the chapter called THE STAFF DEPARTMENTS. See, also, paragraphs 17 and 18, A. R., 1895. 585; Dec. 21,1864, c. 6, s. 1, v. 13, p. 420; July 25, 1866, c. 231, s. 1, v. 14, p. 222; Mar. 2, 1867, c. 174, s. 1, v. 14, pp. 515, 516; Mar. 3, 1883, v. 22, p. 472. Sec. 1466, R. S. |