Said sec. 2 and a provision of sec. 2, act of Mar. 2, 1899, were superseded by sec. 18, act of June 3, 1916, as originally enacted.

Further provisions relating to veterinarians for Cavalry and Artillery regiments were contained in sec. 20, act of Feb. 2, 1901 (31 Stat. 753).

Further provisions relating to the "two farriers and blacksmiths," included in sec. 2, act of Feb. 2, 1901, in each troop of Cavalry, were made by a provision of act of Mar. 23, 1910 (36 Stat. 245).

By 149, post, officers of all grades in the Cavalry are to be commissioned in that branch. The strength of this branch was fixed at 70 percent of the above number, but with power in the President to increase or diminish the number of officers assigned to the branch by not more than 30 percent, by 134, post.

The authorized commissioned strength of this branch is computed as 999 under act of April 13, 1938, ante, 7, subject to increase or decrease of 30 percent as provided in 134, post. (House Report No. 1856, 75th Congress, 3d Session.)

22. Cavalry; colored regiments.-The enlisted men of two regiments of cavalry shall be colored men. R. S. 1104; 10 U. S. C. 253.

23. Cavalry; dismounted. Any portion of the cavalry force may be armed and drilled as infantry, or dismounted cavalry, at the discretion of the President. R. S. 1105; 10 U. S. C. 252.

24. Artillery; division into field and coast.-That the artillery of the United States Army shall consist of the Chief of Artillery, the coast artillery, and the field artillery. The coast artillery and the field artillery shall be organized as hereinafter specified, and the artillery shall belong to the line of the Army: Provided, That on and after July first, nineteen hundred and eight, the Chief of Artillery shall cease to exercise supervision over the field artillery and shall thereafter be designated as the Chief of Coast Artillery. Sec. 1, act of Jan. 25, 1907 (34 Stat. 861).

This act superseded the provisions of secs. 3-9, act of Feb. 2, 1901 (31 Stat. 748, 749), which constituted the Artillery arm of the Army, the Artillery Corps, comprising two branches, the Coast Artillery and the Field Artillery, and prescribed the composition of the Artillery Corps and of each company of Coast Artillery and each battery of Field Artillery.

The office of Chief of Artillery was created by sec. 6, act of Feb. 2, 1901 (31 Stat. 749), which provided that the Chief of Artillery should be selected and detailed by the President from the colonels of Artillery, to serve on the staff of the general officer commanding the Army, his duties to be prescribed by the Secretary of War. Said provisions were superseded by those of this section.

By sec. 5, act of Feb. 14, 1903 (32 Stat. 831), it was provided that the Chief of Artillery should serve as an additional member of the General Staff, with the rank, pay, and allowances of a brigadier general, and by sec. 5, act of June 3, 1916 (39 Stat. 168), stricken out by sec. 5, act of June 4, 1920, it was provided that the Chief of Coast Artillery should serve as an additional member of the General Staff Corps and should be advisor to and informant of the Chief of Staff in respect to the business under his charge.

But see 26 and 28, post.

25. Field Artillery; definition.-That the field artillery is the artillery which accompanies an army in the field, and includes light artillery, horse artillery, siege artillery, and mountain artillery. Sec. 4, act of Jan. 25, 1907 (34 Stat. 861); 10 U. S. C. 261.

This section, based on section 4, act of January 25, 1907 (34 Stat. 861); 10 U. S. C. 261, is obsolete, in view of 26, post, and might well be recommended for repeal (J. A. G. 010.3, September 26, 1929).

26. Field Artillery; composition and organization.-The Field Artillery shall consist of one Chief of Field Artillery with the rank of major general, one thousand nine hundred officers in grades from colonel to second lieutenant, inclusive, and thirty-seven thousand enlisted men, organized into Field Artillery units as the President may direct. Sec. 19, act of June 3, 1916 (39 Stat. 179); sec. 19, act of June 4, 1920 (41 Stat. 770); 10 U. S. C. 262.

For general provision as to appointment of chiefs of branches see 120, post.

The office of Chief of Field Artillery was established by par. 1. General Orders No. 15, War Department, Feb. 10, 1918, which simply detailed a general officer as Chief of Field Artillery (apparently under the power given the President by a proviso in sec. 1, act of May 18, 1917 (40 Stat. 76), "to prescribe such new and different organizations and personnel for Army corps * as the efficiency of the service may require").

The first statutory recognition of this office is found in sec. 19, act of June 4, 1920. For the general provision under which chief of an existing corps, department, or bureau was given the rank, pay, and allowances of a major general, see sec. 3. act of October 6, 1917 (40 Stat. 410), repealed by sec. 600, act of June 7, 1924 (43 Stat. 629). For present pay and allowances of a major general, sec. 1373, 1505, 1522, post.

The field artillery is designated as a combatant arm or of the line of the Army by sec. 2 of said act of June 4, 1920, ante, 6.

Sec. 19, act of June 3, 1916, as originally enacted, provided in detail for the organization of regiments, battalions, batteries, and companies of field artillery. Said sec. 19 superseded secs. 7 and 8, act of Jan. 25, 1907 (34 Stat. 862), and part of a proviso annexed to the Army appropriation act of Mar. 23, 1910 (36 Stat. 245).

Other provisions relating to the Field Artillery Corps, superseded by sec. 19, mentioned above, and prior laws, were contained in sec. 4, act of Apr. 26, 1898 (30 Stat. 365), sec. 2, act of Mar. 2, 1899 (30 Stat. 977), and sec. 20, act of Feb. 2, 1901 (31 Stat. 753).

For division of the Artillery into Coast Artillery and Field Artillery, see 24, ante. By 149, post, officers of all grades in the Field Artillery are to be commissioned in that branch.

The strength of this branch was fixed at 70 percent of the above number, but with power in the President to increase or diminish the number of officers assigned to the branch by not more than 30 percent, by 134, post.

The authorized commissioned strength of this branch is computed as 1,670 under act of April 13, 1938, ante, 7, subject to increase or decrease of 30 percent as provided in 134, post. (House Report No. 1856, 75th Congress, 3d Session.)

27. Coast Artillery; definition. That the Coast Artillery is the artillery charged with the care and use of the fixed and movable elements of land and coast fortifications, including the submarine mine and torpedo defenses. Sec. 3, act of Jan. 25, 1907 (34 Stat. 861); 10 U. S. C. 271.

This section, based on section 3, act of January 25, 1907 (34 Stat. 861); 10 U. S. C. 271, is obsolete, in view of 28, post, and might well be recommended for repeal (J. A. G. 010.3, September 26, 1929).

28. Coast Artillery Corps; composition and organization.-The Coast Artillery Corps shall consist of one Chief of Coast Artillery with rank of major general, one thousand two hundred officers in grades from colonel to second lieutenant, inclusive, the warrant officers of the Army Mine Planter Service as now authorized by law, and thirty thousand enlisted men, organized into such Coast Artillery units as the President may direct. Sec. 20, act of June 3, 1916 (39 Stat. 180); sec. 20, act of June 4, 1920 (41 Stat. 770); 10 U. S. C. 272. For general provision as to appointment of chiefs of branches, see 120, post. The Chief of the Coast Artillery was given the rank, pay, and allowances of a brigadier general by a provision in sec. 5, act of Jan. 25, 1907 (34 Stat. 861), which provision was superseded by a provision in sec. 20, act of June 3, 1916 (39 Stat. 180), which provided that the Chief of the Coast Artillery should have the rank of a brigadier general, but omitted the provision as to his pay and allowances. Said provision was in turn superseded by a provision in sec. 1, act of July 6, 1916 (39 Stat. 349), which provided that the Chief of Coast Artillery should have the rank, pay, and allowances of a major general. A general provision giving the chief of an existing staff corps or department the rank, pay, and allowances of a major general, found in sec. 3, act of Oct. 6, 1917 (40 Stat. 410), was repealed by sec. 600, act of June 7, 1924 (43 Stat. 629). For present pay and allowances of a major general, see 1373, 1505, post.

The Coast Artillery Corps is designated as a combatant arm or of the line of the Army, by sec. 2 of said act of June 4, 1920, ante, 6.

Sec. 20, act of June 3, 1916, as originally enacted, prescribed the specific number in each commissioned and noncommissioned grade and superseded sec. 5, act of Jan. 25, 1907 (34 Stat. 861), which was equally specific. A provision in the latter section for the organization of the Coast Artillery Corps into 170 companies not being repeated in later enactments, was treated as repealed. (See G. O. 31 and 50, War Dept., 1916, and 98, War Dept., 1917.)

Previous provisions prescribing the composition of the Artillery Corps were contained in sec. 6, act of Feb. 2, 1901 (31 Stat. 749). That section superseded the provisions for the composition of regiments of Artillery contained in R. S. 1099, and subsequent statutes, including sec. 2, act of Mar. 8, 1898 (30 Stat. 261), sec. 3, act of Apr. 26, 1898 (30 Stat. 364), and sec. 3, act of Mar. 2, 1899 (30 Stat. 978), which were in turn superseded by said sec. 5, act of Jan. 25, 1907, which provided "That the Coast Artillery shall constitute a corps,

*

For other provisions as to the Chief of Coast Artillery, see 24, ante, and notes thereunder.

By 149, post, officers of all grades in the Coast Artillery Corps are to be commissioned in that branch.

The strength of this branch was fixed at 70 percent of the above number, but with power in the President to increase or diminish the number of officers assigned to the branch by not more than 30 percent, by 134, post.

The authorized commissioned strength of this branch is computed as 1,122 under act of April 13, 1938, ante, 7, subject to increase or decrease of 30 percent as provided in 134, post. (House Report No. 1856, 75th Congress, 3d Session.)

29. Coast Artillery Corps; Army Mine Planter Service. That hereafter there shall be in the Coast Artillery Corps of the Regular Army a service to be known as the Army Mine Planter Service, which shall consist, for each mine planter in the service of the United States, of one master, one first mate, one second mate, one chief engineer, and one assistant engineer, who shall be warrant officers appointed by and holding their offices at the discretion of the Secretary of War, and two oilers, four firemen, four deck hands, one cook, one steward, and one assistant steward, who shall be appointed from enlisted men of the Coast Artillery Corps under such regulations as the Secretary of War may prescribe: Provided, That the Coast Artillery Corps is hereby increased by such numbers of warrant officers and enlisted men as may be necessary to constitute the force provided by this chapter: Chap. IX, act of July 9, 1918 (40 Stat. 881); 10 U. S. C. 274.

*

30. Air Corps; designation, composition and organization.-That the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, as amended, be, and the same is hereby, amended so that the Air Service referred to in that Act and in all subsequent Acts of Congress shall be known as the Air Corps. 1, act of July 2, 1926 (44 Stat. 780).

Sec.

There is hereby created an Air Corps. The Air Corps shall consist of one Chief of the Air Corps, with the rank of major general; three assistants, with the rank of brigadier general; one thousand five hundred and fourteen officers in grades from colonel to second lieutenant, inclusive; and twenty-one thousand five hundred enlisted men, including not to exceed two thousand five hundred flying cadets, such part of whom as the President may direct being formed into tactical units or bands, organized as he may prescribe: Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 780); act of June 11, 1938 (52 Stat. 641); 10 U. S. C. 291.

*

*

That the authorized commissioned strength of the Regular Army, including the sixty-seven general officers of the line as now authorized by law, shall be fourteen thousand six hundred and fifty-nine officers, of which number shall be assigned to the non-promotion-list branch and twelve thousand seven hundred and ninety-nine to the promotion list branches in numbers now designated by the President for such branches pursuant to law, except * that the Air Corps shall be increased so as to provide within the total of fourteen thousand six hundred and fifty-nine an authorized commissioned strength of two thousand and ninety-two *. Act of Apr. 13, 1938 (52 Stat. 216); 10 U. S. C. 291.

The act of July 18, 1914 (38 Stat. 514), entitled, "An act to increase the efficiency of the aviation service of the Army, and for other purposes," created an aviation section

in the Signal Corps and provided that in addition to the officers and enlisted men assigned from the Signal Corps at large to executive, administrative, scientific, or other duty in said section, there should be not to exceed 60 aviation officers and 260 aviation enlisted men, the aviation officers chiefly to be selected from line officers below the rank of captain and detailed to serve for periods of four years, unless sooner relieved. A provision against the selection of married officers was abrogated by sec. 13 of the national defense act of June 3, 1916 (39 Stat. 175). The officers so selected were to be graded as aviation students, junior military aviators, and military aviators, and were to receive additional pay. Enlisted men were to be trained as aviation mechanics and pilots. In case of death, compensation was to be paid to dependents.

Provisions for detail to aviation duty are also found in the acts of Mar. 2, 1913 (37 Stat. 705), and June 3, 1916, sec. 13 (39 Stat. 175).

The strength of the aviation section of the Signal Corps was fixed by sec. 13 of the National Defense Act of June 3, 1916 (39 Stat. 174), at 1 colonel, 1 lieutenant colonel, 8 majors, 24 captains, and 114 first lieutenants. This section was superseded by sec. 13a, added to the National Defense Act by sec. 13, act of June 4, 1920 (41 Stat. 768), which provided for an Air Service with a Chief of the Air Service with the rank of major general, 1,514 officers in grades from colonel to second lieutenant, inclusive, and not to exceed 2,500 flying cadets. This provision was in turn superseded by second and third paragraphs supra.

The Air Service was established by the following indorsement:

"1st Ind.

"War Department, A. G. O., May 29, 1918.-To the Chief, Division of Military Aeronautics.

"The following is furnished for your information:

"a. Under authority conferred by secs. 1, 2, 8, and 9 of the act of Congress 'Authorizing the President to increase temporarily the Military Establishment of the United States,' approved May 18, 1917, secs. 1 to 5 of the act "To authorize the President to increase temporarily the Signal Corps of the Army, etc.,' approved July 24, 1917, and the act 'Authorizing the President to coordinate or consolidate executive bureaus, agencies, and offices, and for other purposes in the interest of economy and the more efficient concentration of the Government,' approved May 20, 1918, the President directs that, for the period of the existing emergency :

"1. There be organized an Air Service to include the present aviation section provided by law for the Signal Corps of the Regular Army (act of June 3, 1916), and such additional personnel as may be authorized in the National Army, the Air Service to consist of a Bureau of Aircraft Production and a Division of Military Aeronautics.

"2. The commissioned and enlisted strength of the Division of Military Aeronautics be fixed at:

"c. You will submit a list of the requisite number of officers now on duty with the aviation section, who have the necessary rank in the line of the Regular Army, to be detailed in the Air Service under the provisions of sec. 13 of the National Defense Act approved June 3, 1916.

"By order of the Secretary of War:

"(Sgd.) F. W. LEWIS,
"Adjutant General."

By Sec. IV, General Order No. 19, W. D., Jan. 29, 1919, the Director of Air Service was directed to carry out the duties of the Chief of the Air Service, as prescribed in Army Regulations, 1913, and by an Executive order, dated Mar. 19, 1919 (republished in General Order No. 52, W. D., Apr. 18, 1919), the Aircraft Board was dissolved and the Director of Air Service given direction by the Bureau of Aircraft Production.

The act of Sept. 17, 1919 (41 Stat. 287), provided for the retention of 1,200 emergency officers assigned to the Air Service, of whom not less than 85 percent were to be fliers. See 35, 229, post, as to flying cadets.

For number of Air Corps Reserve officers who may be called to active service, see 1354, post.

For detail of officers of the Army to the Air Corps for flying training, see 164, post. Detail of officers of the Air Corps to the Department of Commerce for duty in connection with the promotion of civil aviation is provided for in 170, post.

For temporary advancement in rank of officers of the Air Corps assigned to flying commands, see 285, post.

By 149, 163, post, officers may be detailed to the Air Corps, or, with their consent, permanently commissioned therein.

The Air Corps is designated as a combatant arm or of the line of the Army by 6, ante.

The strengta of this branch was fixed at 70 percent of the above number, but with power in the President to increase or diminish the number of officers assigned to the branch by not more than 30 percent by 134, post.

The third paragraph of this section as published in the 1929 Edition, based on section 8, act of July 2, 1926 (44 Stat. 783) has been omitted as executed.

The authorized commissioned strength of the Air Corps, as fixed by act of April 13, 1938, supra, is subject to an increase or decrease of 30 percent under 134 post.

*

31. Chief of the Air Corps; appointment.-* And provided further, That during the period of seven years immediately following July 1, 1926, any appointment as Chief of the Air Corps shall be made from among officers of any grade of not less than fifteen years' commissioned service, and from those who have demonstrated by actual and extended service in such corps that they are qualified for such appointment; and as assistants from among officers of not less than fifteen years' commissioned service of similar qualifications: Provided, That the Chief of the Air Corps shall make recommendations to the Secretary of War for the appointment of his assistants. Sec. 4c, added to act of June 3, 1916, by sec. 4, act of June 4, 1920; sec. 7, act of July 2, 1926 (44 Stat. 783); 10 U. S. C. 6.

This provision, while no longer in effect, is retained as of historic interest.

32. Air Corps; flying officers in time of peace defined. A flying officer in time of peace is defined as one who has received an aeronautical rating as a pilot of service types of aircraft or one who has received an aeronautical rating as an aircraft observer: Provided, That in time of peace no one may be rated as an aircraft observer unless he has previously qualified as a pilot: Provided further, That any officer rated as an aircraft observer in time of war must subsequently qualify as a pilot before he can qualify as an observer in time of peace following such war. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 781); sec. 3, act of June 16, 1936 (49 Stat. 1524); 10 U. S. C. 291c.

And provided

33. Air Corps; flying officers in time of war defined.further, That in time of war a flying officer may include any officer who has received an aeronautical rating as a pilot of service types of aircraft and also in time of war may include any officer who has received an aeronautical rating as observer. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 781); 10 U. S. C. 291e.

Provided,

34. Air Corps; proportion of flying and nonflying officers.That the Chief of the Air Corps, at least two brigadier generals, and at least 90 per centum of the officers in each grade below that of brigadier general shall be flying officers: Provided further, That in time of war 10 per centum of the total number of officers that may be authorized for the Air Corps for such war may be immediately commissioned as nonflying officers: Provided further, That as soon as a sufficient number can be trained, at least 90 per centum of the total number of officers authorized for the Air Corps for such war shall be flying officers. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 780); 10 U. S. C. 291a. 35. Air Corps; flying cadets.-Aviation students shall be enlisted in or appointed to the grade of flying cadet, Air Service, which grade is hereby established. * ** Act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 297.

Provided, That nothing in this Act shall be construed as amending existing provisions of law relating to flying cadets. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 769); sec 2, act of July 2, 1926 (44 Stat. 781); 10 U. S. C. 300, 604.

For provision as to discharge of flying cadets and their appointment in the Officers' Reserve Corps see 1345, post.