The Corps of 335; Mar. 3, 1869, p. 318; June 10, Par. CHAPTER XII. THE ENGINEER DEPARTMENT. THE CORPS OF ENGINEERS. 695. The Corps of Engineers; or- Par. 707. Mileage of engineer officers on land-grant roads, etc. 708. Employment of civil engi. neers. 696. Increase to be gradual. fourteen years' service. gress. 710. Draftsmen, etc., in office of Chief of Engineers. 700. Examination of engineer or 701. Engineer battalion. 702. Engineer company. 703. War increase. 704. Officers of battalion. 705. Duties of engineer soldiers. Chief of Engineers may use books in Library of Congress. 712. Secretary of War to furnish annual estimates for river and harbor works on or before October 1. 706. Chief Engineer to determine 713. Annual report of Chief of 695. The Corps of Engineers of the Army shall hereafter consist of one Chief of Engineers, with the rank of briga299, s. 19, v. 14. D. dier-general, seven colonels, fourteen lieutenant-colonels, e. 124, s. 6. v. 15. twenty-eight majors, thirty-five captains, thirty first lieu1872. c. 426, v. 17, tenants, and twelve second lieutenants, and the battalion p. 382; July 5, of Engineers. The vacancies created by this act in all 1898, v. 30. grades above second lieutenant shall be filled by the promotion by seniority of the officers now in the Corps of Engineers. Act of July 5, 1898. 696. The number of officers in any grade above second lieutenant shall not be increased beyond the number heretofore established by law by the promotion of any officer to fill an original vacancy created by this act until such officer shall have served at least three years in the grade from which he is promoted and the captains and lieutenants shall have satisfactorily passed the examinations required by existing laws. Act of July 5, 1898. 697. Engineers shall not assume nor be ordered on any Apr. 10, 1806, c. duty beyond the line of their immediate profession, except by the special order of the President. They may, at the discretion of the President, be transferred from one corps to another, regard being paid to rank. Sec. 1158, R.S. 1 The act of June 10, 1872, prohibiting promotions above the grade of colonel in the Engineer Corps, was repealed by the act of June 30, 1879 (21 Stat. L., 45). For duties of engineer officers see paragraph 1472, A. R., 1895. EXAMINATIONS FOR PROMOTION. Examinations for promotion. Mar. 3, 1863, c. 78, s. 3, v. 12, p. Sec. 1206, R. S. 698. No officer of the Corps of Engineers below the rank of field-officer shall be promoted to a higher grade until he shall have been examined and approved by a board of 743. three engineers senior to him in rank. If an engineer officer fail on such examination he shall be suspended from promotion for one year, when he shall be re-examined before a like board. In case of failure on such re-examination, he shall be dismissed from the service.1 Promotion of lieutenants after fourteen years' service. 98, s. 9, v. 10, p. c. 78, 88. 3, 4, v. 12, 699. When any lieutenant of the Corps of Engineers [or Ordnance Corps] has served fourteen years' continuous service as lieutenant, he shall be promoted to the rank of Mar. 3, 1853, c. captain on passing the examination provided by the pre- 219: Mar. 3, 1863, ceding section, but such promotion shall not authorize an p. 743: Feb. 27, appointment to fill any vacancy, when such appointment 177, c. 69, v. 19, p. would increase the whole number of officers in the corps Sec. 1207, R. S. beyond the number fixed by law; nor shall any officer be promoted before officers of the same grade who rank him in his corps. 700. That the examination of officers of the Corps of Engineers and Ordnance Department who were officers or enlisted men in the regular or volunteer service, either in the Army, Navy, or the Marine Corps, during the war of the rebellion, shall be conducted by boards composed in the same manner as for the examination of other officers of their respective corps and department; and the examinations shall embrace the same subjects prescribed for all other officers of similar grades in the Corps of Engineers and Ordnance Department, respectively. Sec. 2, act of July 27, 1892 (27 Stat. L., 276). THE BATTALION OF ENGINEERS. 701. The battalion of engineers shall consist of the five companies of engineers now existing, one sergeant-major, and one quartermaster-sergeant, who shall also be commissary-sergeant. 243. Examination ordnance officers of engineer or who served dur ing the rebellion. Subjects. Sec. 2, July 27, 1892, v. 27, p. 276. July 28, 1866, c. 335; June 30, 1864, c. 145, s. 4, v. 13, p. 144; Aug.3, 1861, c. 42, s. 4. v. 12, p. 287; Aug. 1 Promotions to the grade of colonel in this Department are made by seniority, sub- 6, 1861, c. 57, s. 2, ject to the examinations required by section 1206, Revised Statutes, and the acts of v. 12. p. 318; May October 1, 1890 (26 Stat. L., 562), and July 27, 1892 (27 Stat. L., 276). For general pro- 15, 1846, c. 21, s. 1, visions respecting appointments and promotions see the chapter entitled THE STAFF v. 9, p. 12. DEPARTMENTS. Sec. 1154, R. s. 556-18 Engineer com. pany. 42. s. 4, v. 12, p. c. 294, s. 2, v. 16, p. 317. Sec. 1155, R. S. 702. Each company of engineer soldiers shall consist of Aug. 3, 1861, c. ten sergeants, ten corporals, two musicians, and as many 287: July 15.1870, privates of the first class, not exceeding sixty-four, and as many privates of the second class, not exceeding sixty-four, as the President may direct, and shall be recruited in the same manner, and with the same limitation, and shall be entitled to the same provisions, allowances, and benefits, in every respect, as are allowed to other troops constituting the present military peace establishment. War increase. Apr. 26, 1898, s. 3, v. 30. Officers of battalion. 703. Upon a declaration of war by Congress, or a declaration of Congress that war exists, the enlisted strength of a company may, in the discretion of the President, be increased to comprise not exceeding: For each company of engineers, one first sergeant, ten sergeants, ten corporals, two musicians, sixty-four first-class privates, sixty-three second-class privates; total enlisted, one hundred and fifty. Sec. 3, act of April 26, 1898. 704. A battalion adjutant, a battalion quartermaster, and July 28, 1866, c. appropriate officers to command the companies and bat299, s. 29, v. 14. P. talion of engineer soldiers, shall be detailed from the Corps c. 21, s. 4, v. 9. p. of Engineers. 335; May 15, 1846, 13; Aug. 3, 1861, c. 42, s. 4, v. 12, p. 287; Aug. 6, 1861, c. 57, s. 2, v. 12, p. 317. Sec. 1156, R. S. Duties of engi neer soldiers. 21, s. 4, v. 9, p. 13; s. 4, v. 12, p. 287; 705. The enlisted men of the engineer battalion shall be May 15, 1846, c. instructed in and perform the duties of sappers, miners, Aug. 3, 1861, c.42. and pontoniers, and shall aid in giving practical instruction Aug. 6, 1861, c.57. in those branches at the Military Academy. They may be Mar. 3, 1863, c. 78, detailed by the Chief of Engineers to oversee and aid Sec. 1157, R.S. laborers upon fortifications and other works in charge of the Engineer Corps, and, as fort keepers, to protect and repair finished fortifications. s. 2, v. 12, p. 317; s. 1, v. 12, p. 743. Chief Engineer to determine etc., of pontoons, tools, etc. 706. The Chief of Engineers is authorized, with the apform, number, proval of the Secretary of War, to regulate and determine the number, quality, form, and dimensions of the necessary 21, s. 5, v. 9. p. 13, vehicles, pontoons, tools, implements, arms, and other supAug. 3, 1861, c. plies for the use of the battalion of engineer soldiers. May 15, 1846, c. 42, s. 4, v. 12, p. 287: Aug. 6.1861, c. 57, s. 2. v. 12, p. 317; July 28, 1866, c. 299, s. 20, v. 14, p. 335. See. 1152, R. S. gineer officers en etc. MISCELLANEOUS PROVISIONS. Mileage of en- 707. That in determining the mileage of officers of the fand-grant roads, Corps of Engineers traveling without troops on duty conSept. 16, 1890, s. nected with works under their charge, no deduction shall be made for such travel as may be necessary on free or 15, v. 26, p. 456. Section 2 of the act of October 1, 1890 (26 Stat. L., 9, 653), provides that all duties pertaining to the Signal Service shall be performed by the officers and men of the Signal Corps created by that statute. bond-aided or land-grant railways. Sec. 15, act of September 16, 1890 (26 Stat. L., 456). Employment of civil engineers. Mar. 29, 1867, res. 27, v. 15, p. 708. The Chief of Engineers may, with the approval of the Secretary of War, employ such civil engineers, not exceeding five in number, for the purpose of executing the 28. surveys and improvements of western and northwestern rivers, ordered by Congress, as may be necessary to the proper and diligent prosecution of the same; and the persons so employed may be allowed a reasonable compensation for their services, not to exceed the sum of three thousand dollars a year. Sec. 5253, R. S. ported to Con Aug. 5, 1886, s. 709. That the Secretary of War shall report to Congress, Names to be reat its next and each succeeding session thereof, the name gress, etc. and place of residence of each civilian engineer employed 8, v. 24, p. 335. in the work of improving rivers and harbors by means and as the result of appropriations made in this and succeeding river and harbor appropriation bills, the time so employed, the compensation paid, and the place at and work on which employed.2 Sec. 8, act of August 5, 1886 (24 Stat. L., 335). See also paragraphs 79 and 80 ante. in office of Chief p. 163. 710. And the services of skilled draftsmen, civil engi- Draftsmen,etc.. neers, and such other services as the Secretary of War may of Engineers. deem necessary, may be employed only in the office of the 29, 16, 1896, v. Chief of Engineers to carry into effect the various appropriations for rivers and harbors, fortifications, and surveys to be paid from such appropriations: Provided, That * the Secretary of War shall each year, in the annual estimates, report to Congress the number of persons so employed and the amount paid to each.3 Act of May 28, 1896 (29 Stat. L., 163). The mileage allowance of officers of the Corps of Engineers when traveling on duty connected with river and harbor improvements, being an expense necessarily incidental to and incurred on account of such work, is properly payable from the appropriations therefor and not from the appropriation "Pay of the Army," at the special rates prescribed by army acts for mileage payable from said appropriation. 3 Dig. Compt. Dec., 207. Officers of the Corps of Engineers, or those on engineer duty, traveling on service connected with fortifications or works of public improvement, will be paid their travel allowances from the special appropriations for the work. When traveling on any other duty, the mileage will be paid by that branch of the service intrusted with such payments for the Army. (Par. 1487, A. R., 1895.) An Army officer traveling on a Government steamer, without incurring any per sonal expense for subsistence, is not entitled to the mileage at 4 cents per mile allowed by the act of August 6 1894 (28 Stat. L., 237), said mileage being intended as a commutation of all expenses (excepting actual cost of transportation), when such expenses are incurred. 1 Compt. Dec., 122. Section 7 of the act of June 3, 1896 (29 Stat. L., 235), contains the provision that section 2 of the act of July 31, 1894 (28 Stat. L., 205), shall not be so construed as to prevent the employment of any retired officer of the Army or Navy to do work under the direction of the Chief of Engineers of the United States Army in connection with the improvement of rivers and harbors of the United States or the payment by the proper officer of the Treasury of any amounts agreed upon as compensation for such employment." 3 The acts of August 5, 1882 (22 Stat. L., 240), and March 3, 1883 (22 Stat. L., 552), contained a similar provision, the amount in each case being fixed at $75,000. For continuation of the same provision see the act of July 7, 1884 (23 Stat. L., 181) in which the amount appropriated was fixed at $56,000; the acts of March 3, 1885 (23 Stat. L., 412), July 31, 1886 (24 Stat. L., 195), March 3, 1887 (24 Stat. L., 617), July 11, Chief of Engineers may use of Congress. R. 41, v. 26, p. 678. 711. That the Joint Committee of Congress on the Libooks in Library brary be authorized to extend the use of the books in the Aug. 28, 1890.J. Library of Congress to the members and secretary of the Interstate Commerce Commission, and the Chief of Engi neers of the Corps of Engineers United States Army, resident in Washington, on the same conditions and restrictions as Members of Congress are allowed to use the Library. J. R., No. 41, August 28, 1890 (26 Stat. L., 678). Secretary of War to furnish for river and har before Oct. 1. 712. Hereafter the Secretary of War shall furnish to the annual estimates Secretary of the Treasury, on or before the first day of October bor works on or of each year, estimates of all appropriations required for Mar. 3, 1893, v. river and harbor improvements for the next fiscal year to 27, p. 603. be included in the Book of Estimates prepared by law under his direction. Act of March 3, 1893 (27 Stat. L., 603). Annual report of Chief of Engineers. 713. That the Secretary of War shall cause the manuSec. 8, Aug. 11, Script of the annual report of the Chief of Engineers and 1888, v. 25, p. 424. subordinate engineers, relating to the improvement of rivers and harbors, and the report of the Mississippi and Missouri River Commissions to be placed in the hands of the Public Printer on or before the fifteenth day of October in each year, and the Public Printer shall cause said reports to be printed with an accurate and comprehensive index thereof, on or before the first Monday in December in each year, for the use of Congress. Sec. 8, act of August 11, 1888 (25 Stat. L., 424). Chief of Engi neers to have THE PUBLIC BUILDINGS AND GROUNDS-THE LIGHT- 714. Chief of Engineers to have 717. What trees, plants, etc., to be 715. Estimates and appropria tions. 718. Reports. 719. Annual statement of public property. 716. Employees on public build- 720. Extra pay prohibited. ings. 714. The Chief of Engineers shall have charge of the charge of public public buildings and grounds in the District of Columbia, buildings and grounds. under such regulations as may be prescribed by the Presi 1888 (25 Stat. L., 280), February 26, 1889 (25 Stat. L., 730), July 11, 1890 (26 Stat. L., 252), March 3, 1891 (26 Stat. L., 932), July 16, 1892 (27 Stat. L., 208), and March 3, 1893 (27 Stat. L., 699), in which the amount appropriated was fixed at $60,000; July 31, 1894 (28 Stat. L., 188), March 2, 1895 (28 Stat. L., 789), and May 28, 1896 (29 Stat. L., 163), in which the amount appropriated was fixed at $72,000. The cost of services and articles needed in the office of the Chief of Engineers is not properly chargeable to any appropriation for river and harbor improvements, or for fortifications, or to any other appropriation for the military establishment, unless expressly authorized by law. 3 Dig. Compt. Dec., 321. |