But by provisions of act Mar. 2, 1907 (34 Stat. 1158), the Military Secretary's Department was to be known as the Adjutant General's Department, the senior in rank of the officers of that department was to be designated The Adjutant General, the other officers of the department were to be designated adjutants general, and the Military Secretary's office of the War Department was to be known as the Adjutant General's Office.

Said subsequent provisions superseded to some extent those of said act Feb. 2, 1901, sec. 13, particularly in regard to the title and rank of The Adjutant General, who was designated "The Adjutant General," the title of the other officers, which was changed from "assistant adjutant general" to "adjutant general," and the number of such officers with the rank of major, which was reduced from 15 to 10, which were in turn superseded by 58 post as to the number of the adjutants general.

Said subsequent provisions of act Apr. 23, 1904 (33 Stat. 262), also superseded those of sec. 25 of said act Feb. 21, 1901 (31 Stat. 754), relating to the rank of the Chief and the Assistant Chief of the Record and Pension Office of the War Department, by constituting said officers, with the officers of the Adjutant General's Department, one department of the Army, and making The Adjutant General's Office and the Record and Pension Office, a consolidated bureau of the War Department, and regulating the rank, promotion, etc., of the officers so consolidated.

Appointments and promotions in the department other than to fill vacancies provided for by this section were regulated by sec. 26 of said act of Feb. 2, 1901. Appointments from officers of volunteers to fill original vacancies in the department were authorized by a provision of act Mar. 2, 1901 (31 Stat. 900), omitted here as temporary merely. The assistant adjutants general, subsequently designated "adjutants general," were required to perform the duties of assistant inspectors general when the convenience of the service required them to do so by R. S. 1130.

58. Adjutant General's Department; composition.-The Adjutant General's Department shall consist of The Adjutant General with the rank of major general, one assistant with the rank of brigadier general, who shall be Chief of the Personnel Bureau, and one hundred and fifteen officers in grades from colonel to captain, inclusive. Sec. 6, act of June 3, 1916 (39 Stat.

* * *

169); sec. 6, act of June 4, 1920 (41 Stat. 765); 10 U S. C. 41.

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

For general provision under which the chief of an existing department was given the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 6, 1917 (40 Stat. 411), repealed by sec. 600, act of June 7, 1924 (43 Stat. 629). For present pay and allowances of a major general, see 1373, 1505, 1522, post.

By 149, 163, post, officers may be detailed to the Adjutant General's Department, or, with their consent, permanently commissioned therein.

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 124 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.)

59. Personnel Bureau; duties.-* The Personnel Bureau shall be charged, under such regulations as may be prescribed by the Secretary of War, with the operating functions of procurement, assignment, promotion, transfer, retirement, and discharge of all officers and enlisted men of the Army: Provided, That territorial commanders and the chiefs of the several branches of the Army shall be charged with such of the above-described duties within their respective jurisdictions as may be prescribed by the Secretary of War. Sec. 6, act of June 3, 1916 (39 Stat. 169); sec. 6, act of June 4, 1920 (41 Stat. 765); 10 U. S. C. 42.

This bureau apparently takes over the functions of two divisions existing, at the time of the passage of this section, in The Adjutant General's Office; the officers' division, having charge of the appointment, promotion, elimination, and assignment of both permanent and temporary officers, the custody of records pertaining to the same, and the organization of new units so far as officers are concerned, and the enlisted division, having charge of recruiting for the Army and all correspondence relative to individual enlisted men of the Army.

60. The text of this section as published in the 1929 Edition, based on R. S. 1130, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Sta: 1428).

61. Inspector General's Department; composition.-The Inspector General's Department shall consist of one Inspector General with the rank of major general and sixty-one officers in grades from colonel to captain, inclusive. Sec. 7, act of June 3, 1916 (39 Stat. 169); sec. 7, act of June 4, 1920 (41 Stat. 765); 10 U. S. C. 51.

The Inspector General's Department had existed during the War of the Revolution, the office of inspector general having been held by Baron Steuben, whose appointment was approved by Congress in a resolution dated May 25, 1778. During the incumbency of Baron Steuben a system of drill regulation was introduced, which continued in use until replaced, in part, by the system prepared by Col. Alexander Smyth in 1810, and was finally superseded by the drill regulations prepared by Maj. Gen. Scott in 1821. On June 25, 1788, in conformity to a resolution of Congress of that date, the department ceased to exist, and the inspection of the troops was conducted for a time by officers of the line detailed for the purpose. By sec. 4 of the act of Apr. 30, 1790 (1 Stat. 119), the appointment of 1 inspector was authorized for the establishment created by that enactment. The act of Mar. 5, 1792 (id. 241), merged the duties of the Adjutant and Inspector General's Departments and made provision for an adjutant who was to do the duty of an inspector; sec. 3 of the act of May 30, 1796 (id. 483), made similar provision for an inspector who was to do the duty of an adjutant. The acts of Mar. 3, 1797 (id. 507), and May 22, 1798 (id. 557), authorized the detail of an officer of the line to perform the duties of inspector general. Sec. 6 of the act of May 28, 1798 (id. 559), passed in contemplation of war with France, authorized the appointment of an inspector general with the rank of major general, and on July 18, 1798, Gen. Alexander Hamilton was appointed to the vacancy. The temporary Military Establishment thus authorized, which was never fully completed, was disbanded by the acts of Feb. 20, 1800 (2 id. 7), and May 14, 1800 (id. 85), and the duties of the department were again performed by detail until the office of inspector was created by sec. 4 of the act of Mar. 16, 1802 (id. 133); by sec. 3 of the act of Apr. 12, 1808 (id. 481), 2 brigade inspectors were authorized to be detailed from the line with increased rank; by the act of Dec. 24, 1811 (id. 669), the office of inspector general (brigadier general) was created and 2 assistants (lieutenant colonels) were authorized; the duties of the department were defined in regulations approved by the Secretary of War on November 4, 1812. By the act of Mar. 3, 1813 (id. 819), the Adjutant and Inspector General's Departments were again merged. The act of Mar. 3, 1815 (3 id. 224), fixing the peace establishment, made no express provisions for these departments, their duties being performed by officers temporarily detailed for the purpose. By sec. 10 of the act of Apr. 24, 1816 (id. 298), however, the temporary establishment which had existed since 1815 was made permanent. Provision was also made for an Adjutant and Inspector General of the Army, together with an inspector general to each division and an assistant to each brigade, which were to be filled by detail of officers from the line. At the general reduction of 1821 the Inspector General's Department was recognized and continued by sec. 6 of the act of Mar. 2, 1821 (id. 615), its composition being fixed at 2 inspectors general with the rank and pay of colonels of Cavalry. By sec. 4 of the act of Aug. 23, 1842 (5 id. 512), the department was reduced to 1 officer; the disbanded officer was restored, however, by the act of June 12, 1846 (9 id. 2), and the composition of the department, as thus established, underwent no change until the outbreak of the War of the Rebellion.

By sec. 2 of the act of Aug. 3, 1861 (12 id. 287), 5 majors were added to the department; by sec. 4 of the act of Aug. 6, 1861 (id. 318), 2 colonels were authorized; and provision of the inspection service of the armies in the field was made by sec. 10 of the act of July 17, 1862 (id. 599), which authorized the rank and pay of lieutenant colonel of Cavalry to be conferred upon the Inspector General of Army corps. By sec. 11 of the act of July 28, 1866 (14 id. 334) (R. S. 1131), the composition of the department was fixed as follows: 4 colonels, 3 lieutenant colonels, and 2 majors. Sec. 6 of the act of Mar. 3, 1869 (15 id. 318), contained the requirement that there should be no promotions or appointments in the staff until otherwise directed by law; by the acts of June 8. 1872 (17 1d. 338), and June 16, 1874 (18 id. 77), promotions were authorized to correct inequalities in the rank of officers of the department. By the act of June 23, 1874 (id. 244), the restriction contained in the act of Mar. 3, 1869, was removed and the strength of the department fixed at 1 inspector general with the rank of colonel, 2 inspectors general with the rank of lieutenant colonel, and 2 inspectors general with the rank of major; authority was also conferred for the detail of 4 officers from the line of the Army for service as assistant inspectors general, who were to receive the mounted

pay of their grades, and no appointments were to be made to the grade of major until the number of officers in the department had been reduced to 5. By the act of Dec. 12, 1878 (20 id. 257), the rank of brigadier general was conferred upon the senior inspector general. (See (1881) 17 Op. Atty. Gen. 2.) By the act of Feb. 5, 1885 (23 Stat. 297) the composition of the department was fixed as follows: 1 inspector general (brigadier general), 2 colonels, 2 lieutenant colonels, and 2 majors. It was also provided that the inspector general should be selected from the officers of the corps, that promotions should be by seniority in the department, and that appointments to the grade of major should be made from the captains in the line of the Army. A temporary increase in the department was authorized by act July 7, 1898 (30 Stat. 720); and it was continued as then constituted by act Mar. 2, 1899, sec. 6 (30 Stat., 979). All these provisions were superseded by a provision in act Feb. 2, 1901, sec. 14 (31 Stat. 751), which was superseded by sec. 7, act of June 3, 1916 (39 Stat. 169), providing that the department should consist of 1 inspector general (brigadier general), 4 inspectors general with the rank of colonel, 8 inspectors general with the rank of lieutenant colonel, and 16 inspectors general with the rank of major. This act was in turn superseded by sec. 7, act of June 4, 1920, above.

Changes in the number of officers of certain grades in the department, to take effect on the occurrence of a vacancy in the grade of colonel, are provided for by a clause of act Mar. 2, 1901 (31 Stat. 899), which was also superseded by said sec. 7, act of June 3, 1916.

Appointments and promotions in the department, other than to fill vacancies provided for by this section, were regulated by sec. 26 of this act. Appointments from officers of volunteers to fill original vacancies in the department were authorized by a provision of act Mar. 2, 1901 (31 Stat. 900), omitted as temporary merely.

An expert accountant for the department was authorized by act Feb. 24, 1891, post, 646, and provision for payment of his travel expense is found in 1634a, post.

By 163, post, all officers of the Inspector General's Deparatment are to be obtained by detail from officers of corresponding grades in other branches.

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

For general provision under which chief of an existing department was given the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 6, 1917 (40 Stat. 411), repealed by sec. 600, act of June 7, 1924 (43 Stat. 629). For present pay and allowances of a major general, see 1373, 1505, 1522, post.

For provision requiring inspection of all disbursements made by disbursing officers, see 1701, post.

For requirement as to annual inspections of Soldiers' Home see 1132, post.

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 a provision of 134, post.

The authorized commissioned strength of this branch is computed at 121 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).

62. Judge Advocate General's Department; composition.-The Judge Advocate General's Department shall consist of one Judge Advocate General with the rank of major general and one hundred and fourteen officers in grade from colonel to captain, inclusive: *. Sec. 8, act of June 3, 1916 (39 Stat. 169); sec. 8, act of June 4, 1920 (41 Stat. 765); 10 U. S. C. 61.

*

The office of Judge Advocate of the Army may be deemed to have been created during the War of the Revolution by the appointment of an incumbent on July 29, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 30 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 sec. 2 of the act of Mar. 3, 1797 (1 Stat. 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 Mar. 16, 1802 (2 id. 132). Scc. 19 of the act of Jan. 11, 1812 (id. 674), passed in contemplation of war with England, made provisions for 1 judge advocate, with the rank of major, to each division, and this number was increased to 3 by sec. 2 of the act of Apr. 24, 1816 (3 id. 297). At the reduction of 1818 these officers were disbanded (act of Apr. 14, 1818, 3 id. 426), and the office of Judge Advocate of the Army was discontinued by the act of Mar. 2, 1821 (id. 615).

By sec. 4 of the act of Mar. 2, 1849 (9 id. 351), the office of Judge Advocate of the Army was reestablished, with the rank and pay of major of Cavalry. By sec. 5 of the act of July 17, 1862 (12 id. 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 sec. 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 sec. 5 of the act of June 20, 1864 (13 id. 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 sec. 12 of the act of July 28, 1866 (14 id. 334), (R. S. 1198, 1200), the composition of the department was fixed at 1 Judge Advocate General (brigadier general), 1 Assistant Judge Advocate General (colonel), and 10 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 sec. 3 of the act of Mar. 3, 1869 (15 Stat. 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 Apr. 10, 1869 (16 id. 44), which fixed the number of judge advocates at eight.

The Bureau of Military Justice and a corps of judge advocates were authorized by R. S. secs. 1094, 1198, 1200.

By sec. 2 of the act of June 23, 1874 (18 id. 244), the office of Assistant Judge Advocate General 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 id. 113), the Bureau of Military Justice and the corps of judge advocates were consolidated and merged in the Judge Advocate General's Department, the composition of which was fixed as follows: 1 Judge Advocate General (brigadier general), 1 Assistant Judge Advocate General (colonel), 3 deputy judge advocates general (lieutenant colonels), and 3 judge advocates (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 sec. 15 of the act of Feb. 2, 1901 (31 id. 751), the permanent strength of the department was fixed at 1 Judge Advocate General with the rank of brigadier general, 2 judge advocates with the rank of colonel, 3 judge advocates with the rank of lieutenant colonel, and 6 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. 113), was recognized and continued.

Majors in this department were to be appointed from officers of the line, from persons who had satisfactorily served as judge advocate of volunteers since Apr. 21, 1898, and from persons from civil life not over 35 years of age and required to pass an examination. That act may be regarded as superseded by sec. 24, act of June 4, 1920 (41 Stat. 771), post, 126, 274.

The provisions of sec. 7, act of Mar. 2, 1899 (30 Stat. 979), for appointments from civil life, on examination, etc., so far as applied to judge advocates, may be regarded as superseded by the said sec. 15. Appointments from officers of volunteers to fill original vacancies in this department were authorized by a provision of the act of Mar. 2, 1901 (31 Stat. 900), omitted as temporary.

By the act of Mar. 2, 1913 (37 Stat. 708), the number of majors was increased to

seven.

By sec. 8 of the National Defense Act of June 3, 1916 (39 Stat. 169), the permanent strength of the department was fixed at 1 Judge Advocate General with the rank of brigadier general, 4 judge advocates with the rank of colonel, 7 judge advocates with the rank of lieutenant colonel, and 20 judge advocates with the rank of major, with a provision for acting judge advocates for separate brigades and separate general courtmartial jurisdictions. The act of Aug. 24, 1912 (37 Stat. 571), as to duty with troops, was to apply in this department only to the acting judge advocates authorized by law. Said sec. 8 was stricken out by sec. 8 of the act of June 4, 1920 (41 Stat. 765–766), and replaced by provisions of the text.

By act of July 9, 1918 (40 Stat. 853), the President was authorized to appoint in the Officers' Reserve Corps and the National Army, for service in the Judge Advocate General's Department, officers of the grades of first lieutenant and captain for service during the World War.

From a review of all the legislation (including certain provisions not mentioned above), concerning the Judge Advocate General, by whatever title known, and his subordinates, it appears that three periods of development may be more or less arbitrarily recognized.

(1) From 1775 to 1849, the terms "Judge Advocate General" and "judge advocate" were used interchangeably, both terms referring to the title of an office, and not being merely the designation of a function. It was, however, the function of this official to prosecute at trials by general court martial and to perform certain other duties in connection with the trial. It became also his function to perform certain duties at hearings of courts of injury. While the office of Judge Advocate General or Judge Advocate existed, his duties were, at certain periods, authorized to be performed either by himself or by a deputy, sometimes appointed by himself, sometimes by a commanding general. See A. W. 69 and 90 of the Articles of War of April 10, 1806 (2 Stat. 367 and 2 Stat. 370), respectively.

(2) With the period inaugurated by the act of Mar. 2, 1849 (9 Stat. 351), and running from 1849 to 1884, a complete change in the conception of the functions of the officer holding the title of "Judge Advocate" appears to have taken place. While the act of Mar. 2, 1849, supra, prescribed nothing as to the duties of this officer, records of the Judge Advocate General's Office disclose that he concerned himself with the review of courts martial and that, to some extent, he rendered legal opinions on miscellaneous subjects to the Secretary of War. Apparently prosecutions continued to be conducted, in general, by persons detailed in the exercise of command. The term "Judge Advocate General" was now the title of an office. The term "judge advocate," however, was used in two different senses, viz, as the title of an office and as the designation of a function in connection with courts martial. It was the holders of the office of "judge advocate" who performed their duties under the direction of the Judge Advocate General. Judge advocates of courts martial, so far as they were controlled in their functions, were under the supervision of the officers who detailed them. For the duties of the Judge Advocate General during this period, see 63, post, and the first note thereto.

(3) With the act of July 5, 1884 (23 Stat. 113), the Judge Advocate General's Department by that title came into existence. In that act, as well as in the two following acts which reorganized the Department, viz, sec. 15, act of Feb. 2, 1901 (31 Stat. 751), and sec. 8, act of June 3, 1916 (39 Stat. 169), the members of the Department were "judge advocates" (or in the first act, as noted above, "judge advocates" or a variation of that title), "with the rank" of brigadier general, colonel, etc. But in the last reorganization, sec. 8, act of June 4, 1920 (41 Stat. 765), provision was made for a Judge Advocate General, with the rank of major general, and 114 "officers," "in grades from colonel to captain, inclusive." The new Articles of War, constituting Chapter II of the same act, for the first time by statute differentiated between "staff judge advocate" and "trial judge advocate." The following conclusions may be drawn from the present state of the law: The term "judge advocate" is no longer the title of an office, the title now being "officer" (of whatever grade) of the Judge Advocate General's Department; the term "trial judge advocate" now designates the person exercising by detail the functions of prosecutor, and this function is no longer assigned to or exercised by the Judge Advocate General; the term "staff judge advocate" now designates the officer on the staff of the commanding general of the corps area, department, division, etc., who exercises the functions of the former department, division, etc., "judge advocate"; the term "judge advocate" standing alone in A. W. 36, post, 393, clearly refers to the "staff judge advocate." The terms "Judge advocate" and "acting judge advocate" used in A. W. 114, post, 472, in contradistinction to "trial judge advocate," apparently relate to titles of offices which no longer exist. "Staff judge advocate" would not be a sufficient designation in place thereof because many officers of the Judge Advocate General's Department, holding offices corresponding to the former office of "judge advocate," are not on duty as staff judge advocates. The proper term appears to be "officer of the Judge Advocate General's Department."

Certain duties performed by officers of the Judge Advocate General's Department are performed under the direction of military commanders on whose staff they are, and officers of the Board of Review have, to a certain extent, an independent function. See A. W. 50%, post, 408. Officers in the Office of the Judge Advocate General perform their duties under his direction, except those independent duties confided by statute to the Board of Review. Officers of the Judge Advocate General's Department on detached service do not, in general, exercise their duties under the direction of the Judge Advocate General. Officers of the Department performing the duties of law members of courts martial are, to the extent that their functions are not independent, under the control of the appointing authorities. For duties of the Judge Advocate General with respect to records, see the first note to 63, post.

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

For general provision under which chief of an existing department was given the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 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, see 1373, 1505, 1522, post.

For provision as to appointment of reserve judge advocates as captains in the Judge Advocate General's Department, see 126, post.