The right of command of dental surgeons is limited to the Dental Corps by 147, post. Until recent years dental officers as such did not exist in the Regular Army. By sec. 18 of the act of Feb. 2, 1901 (31 Stat. 752), the Surgeon General was authorized to employ not over 30 contract dental surgeons, in the proportion of 1 for every 1,000 officers and enlisted men in the Regular and Volunteer Army. Provision for the United States Military Academy was made in the act of Mar. 2, 1907 (34 Stat. 1163), post, 188, which increased the number to 31. When the Dental Corps was established by the act of Mar. 3, 1911 (36 Stat. 1054), authority was granted for commissioning the existing contract dental surgeons as first lieutenants in this corps.

The Dental Corps was created by act of Mar. 3, 1911 (36 Stat. 1054), which provided that there should be a Dental Corps composed of dental and acting dental surgeons, "attached to the Medical Department." The act of Oct. 6, 1917 (40 Stat. 397), provided for the organization of the Dental Corps, as follows:

"Hereafter the Dental Corps of the Army shall consist of commissioned officers of the same grade and proportionately distributed among such grades as are now or may be hereafter provided by law for the Medical Corps, who shall have the rank, pay, promotion and allowances of officers of corresponding grades in the Medical Corps, including the right to retirement as in the case of other officers, and there shall be one dental officer for every thousand of the total strength of the Regular Army authorized from time to time by law:

Sec. 10 of the National Defense Act of June 3, 1916 (39 Stat. 173), provided for a strength at the rate of 1 for each 1,000 enlisted men of the line, and also provided that after eight years' service as first lieutenants they might be promoted to captains, and after 24 years' service be promoted to majors, and limited the number of majors to 15. Section 10, act of June 4, 1920 (41 Stat. 767) fixed the number of officers of the Dental Corps at one for every thousand of the total strength of the Regular Army authorized from time to time. Subsequent increases were provided as follows: to 158, by act of June 30, 1922 (42 Stat. 721); to 183, by act of May 15, 1936 (49 Stat. 1282); to 208, by act of July 1, 1937 (50 Stat. 445); all of which were superseded by the above provisions.

Under act of April 13, 1938, supra, the total authorized commissioned strength of the Dental Corps is computed as 263, subject to an increase or decrease of 30 percent under 134, post.

76. Veterinary Corps; composition.after January 1, 1923, there shall be officers of the Veterinary Corps,

10 U. S. C. 142, 482.

*

Provided further, That on and One hundred and twenty-six *. Act of June 30, 1922 (42 Stat. 721);

For provisions governing the appointment and promotion of officers of the Veterinary Corps, see 127, 279, post.

The "hire of veterinary surgeons" was formerly provided for in Army appropriation acts, the last such provision being found in the act of June 5, 1920 (41 Stat. 967).

By sec. 2 of act of July 29, 1861 (12 Stat. 280), one veterinary sergeant was provided with each battalion of Cavalry, and by sec. 4 of that act received the pay and allowances of a sergeant of Cavalry. By sec. 37, act of Mar. 3, 1863 (12 Stat. 737), each Cavalry regiment was provided with one veterinary surgeon with the rank of regimental sergeant major, with the salary of $75 per month. Later another veterinarian was added with salary of $100, but holding the same grade, and veterinarians were attached to Artillery regiments. By sec. 2, act of Mar. 2, 1899 (30 Stat. 977), proper qualifications were required for appointment, and the pay and allowances of a second lieutenant mounted were granted to the veterinarians, first class, and pay of $75 per month and the allowances of a sergeant major to the veterinarians, second class. The grade of veterinarian, second class, was abolished by sec. 20, act of Feb. 2, 1901 (31 Stat. 753), and all veterinarians received the pay and allowances of second lieutenants, mounted. Said section 20 provided that "such number of veterinarians as the Secretary of War may authorize shall be employed to attend the animals pertaining to the Quartermaster's or other Departments not directly connected with the Cavalry and Artillery regiments, at a compensation not exceeding one hundred dollars per month." Retirement under the laws governing second lieutenants was provided by the act of Mar. 3, 1911 (36 Stat. 1042). Sec. 16 of the National Defense Act of June 3, 1916 (39 Stat. 176), read as follows:

"The President is hereby authorized, by and with the advice and consent of the Senate, to appoint veterinarians and assistant veterinarians in the Army, not to exceed, including veterinarians now in service, two such officers for each regiment of Cavalry, one for every three batteries of Field Artillery, one for each mounted battalion of Engineers, seventeen as inspectors of horses and mules and as veterinarians in the Quartermaster Corps, and seven as inspectors of meats for the Quartermaster Corps;

and said veterinarians and assistant veterinarians shall be citizens of the United States and shall constitute the Veterinary Corps and shall be a part of the Medical Department of the Army.

The said section 16 was superseded by section 10, act of June 4, 1920 (41 Stat. 767), providing that the number of officers of the Veterinary Corps should be 175, which, in turn, was superseded by the above section.

The authorized commissioned strength of the Veterinary Corps is computed as 126 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.)

77. Medical Administrative Corps; composition.That on and after January 1, 1923, there shall be of the Medical Administrative Corps, 721); 10 U. S. C. 152, 482.

* * *

Provided further, seventy-two officers

Act of June 30, 1922 (42 Stat.

For provisions governing the appointment and promotion of officers of the Medical Administrative Corps, see 127, 279, post.

Section 10, National Defense Act of June 3, 1916 (39 Stat. 171), as amended by section 10, act of June 4, 1920 (41 Stat. 767), provided for officers in the Medical Administrative Corps in the proportion of one for every two thousand of the total enlisted strength of the Regular Army authorized from time to time. This was superseded by the above provision.

The authorized commissioned strength of the Medical Administrative Corps is computed as 72 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.)

78. Army Nurse Corps; composition.-That the Nurse Corps (female) of the Medical Department of the Army shall hereafter be known as the Army Nurse Corps, and shall consist of one superintendent, who shall be a graduate of a hospital training school having a course of instruction of not less than two years; of as many chief nurses, nurses, and reserve nurses as may from time to time be needed and prescribed or ordered by the Secretary of War, and, in the discretion of the Secretary of War, of not exceeding six assistant superintendents, and, for each Army or separate military force beyond the continental limits of the United States, one director and not exceeding two assistant directors of nursing service, all of whom shall be graduates of hospital-training schools and shall have passed such professional, moral, mental, and physical examination as shall be prescribed by the Secretary of War. Sec. 1, Ch. V, act of July 9, 1918 (40 Stat. 879); 10 U. S. C. 161.

Previous to 1901, nurses (female) were held to be civilian employees. (G. O. 120. W. D. 1900.) Authority to employ them was given in sec. 5. act of Mar. 16, 1802 (2 Stat. 133), and this was continued in subsequent legislation. The Nurse Corps (female) came into being by sec. 19, act of Feb. 2, 1901 (31 Stat. 753):

"The Nurse Corps (female) shall consist of one superintendent, to be appointed by the Secretary of War, who shall be a graduate of a hospital-training school having a course of instruction of not less than two years, whose term of office may be terminated at his discretion, whose compensation shall be one thousand eight hundred dollars per annum, and of as many chief nurses, nurses, and reserve nurses as may be needed. Reserve nurses may be assigned to active duty when the emergency of the service demands, but shall receive no compensation except when on such duty: Provided, That all nurses in the Nurse Corps shall be appointed or removed by the Surgeon General, with the approval of the Secretary of War; that they shall be graduates of hospital-training schools, and shall have passed a satisfactory professional, moral, mental, and physical examination." This provision was repealed by this section.

For provisions as to the appointment, promotion, relative rank, pay and allowances, and retirement of members of the Army Nurse Corps, see 129, 295, 1377, 338, post, respectively.

79. Army Nurse Corps; duties.-That rules and regulations prescribing the duties of the members of the Army Nurse Corps shall be prescribed by the Surgeon General of the United States Army, subject to the approval of the Secretary of War. Sec. 2, Ch. V, act of July 9, 1918 (40 Stat. 879); 10 U. S. C. 163.

80. Contract nurses; laws applicable.-Provided, That any and all laws applicable to women who belonged to the Nurse Corps of the Army after February 2, 1901, shall apply equally to members of the Army Nurse Corps who served under contract between April 21, 1898, and February 2, 1901, including all women who served honorably as nurses, chief nurses, or superintendent of said corps in said period: * *. Sec. 202 (10), act of June 7, 1924 (43 Stat. 620); sec. 9, act of July 2, 1926 (44 Stat. 796); 38 U. S. C. 484.

*

This section, based on sec. 202 (10), act of June 7, 1924 (43 Stat. 620), as amended; 38 U. S. C. 484, was repealed by the first paragraph of 1156, post, but reenacted by 1110, post. See also 1144, post.

81. Ordnance Department; composition.-The Ordnance Department shall consist of one Chief of Ordnance with the rank of major general, two assistants with the rank of brigadier general, three hundred and fifty officers in grades from colonel to second lieutenant, inclusive, and four thousand five hundred enlisted men. Sec. 12, act of June 3, 1916 (39 Stat. 174); scc. 12, act of June 4, 1920 (41 Stat. 768); 10 U. S. C. 191.

The duties in connection with the procurement, manufacture, and supply of cannon, small arms, and military stores, now performed by the Ordnance Department, seem to have been vested during the Revolutionary period in a purveyor of public supplies, an office created by Congress, which ceased to exist at the close of the war. With a view to secure proper accountability and a more efficient administration in this branch of the military service President Washington, on Jan. 7, 1794, recommended to Congress that the office of purveyor of public supplies be created and charged "with the duties of receiving, safe-keeping, and distributing the public supplies." The office thus recommended was established by the act of Feb. 23, 1795 (1 Stat. 419), and continued to exist until May 31, 1812, when, its duties having been transferred to the several departments of the staff, it was abolished by sec. 9, act of Mar. 28, 1812 (2 id. 696).

The Ordnance Department, eo nomine, was established by the act of May 14, 1812 (id. 732), and was to consist of 1 commissary general of ordnance, an assistant commissary general, 4 deputy commissaries, and as many assistant deputy commissaries, not exceeding 8, as the President might deem necessary. The commissary general of ordnance was to have the rank and pay of colonel, the assistant commissary general that of lieutenant colonel, the deputy commissaries that of major, and the assistant deputy commissaries that of captain. By the act of Feb. 8, 1815 (3 id. 203), the department was reorganized, its duties were defined, and its strength fixed at 1 colonel, 1 lieutenant colonel, 2 majors, 10 captains, 10 first lieutenants, and as many enlisted men, to serve as armorers, blacksmiths, wheelwrights, artificers, etc., as the Secretary of War might deem necessary; by the same enactment the supervision of the several armories, magazines, and arsenals was vested in the Ordnance Department.

By sec. 4 of the act of Mar. 2, 1821 (3 id. 615), the Ordnance Department was merged in the Artillery, 1 captain being added to each regiment of artillery for ordnance duty. Although the department ceased to exist, for the time, as a separate establishment, the duties pertaining to the ordnance service seem to have continued to be performed by officers of Artillery detailed for the purpose. By the act of Apr. 5, 1832 (4 id. 504), the Ordnance Department was reconstituted, with the following commissioned strength: 1 colonel, 1 lieutenant colonel, 2 majors, 10 captains, with the pay and allowances of Artillery officers of corresponding grades, and as many enlisted men as might be required, not to exceed 250. By sec. 2 of the act of Apr. 5, 1832, the grade of ordnance sergeant was established, the number authorized to be appointed being restricted to one for each military post. By sec. 13 of the act of July 5, 1838 (5 id. 258), the President was authorized to add 2 majors to the department "when he may deem it expedient to increase the same"; he was also authorized to transfer 10 first lieutenants and 10 second lieutenants to the department from the Artillery; by the act of July 7, 1838 (id. 308), the number of lieutenants thus authorized to be transferred was reduced to 12. The act of July 5, 1838, placed officers of ordnance on the same footing in respect to pay and allowances as officers of dragoons. By sec. 16 of the act of Mar. 3, 1847 (9 id. 186), the President was authorized to add to the department, under the conditions set forth in the statute last cited, 2 captains and 6 first lieutenants. By sec. 3 of the act of Aug. 3, 1861 (12 id. 287), a Chief of Ordnance, with the rank and pay of Quartermaster General (brigadier general), 1 colonel, 1 lieutenant colonel, and 6 second lieutenants were added to the establishment. By sec. 4 of the act of Mar. 3, 1863 (id. 743), 1 lieutenant colonel, 2 majors, 8 captains, and 8 first lieutenants were added; the appointments to be made by promotion "as far as the present Ordnance Corps will permit, and

the residue to be appointed by transfer from other regiments and corps of the Army"; by this statute examinations were required in all grades below that of field officer as a condition precedent to promotion.

By sec. 21 of the act of July 28, 1866 (14 id. 335) (R. S. 1159), the peace strength of the department was fixed at 1 brigadier general, 3 colonels, 4 lieutenant colonels, 10 majors, 20 captains, 16 first lieutenants, and 10 second lieutenants; 16 ordnance storekeepers were also added to the establishment. Section 6 of the act of Mar. 3, 1869 (15 id. 318), contained the requirement that there should be no promotions or appointments in the several staff corps until otherwise directed by law. Changes in the organization and in the grades and number of the officers thereof were made by act June 23, 1874, sec. 5 (18 Stat. 245), and act July 7, 1898 (30 Stat. 720); and the department, consisting of the officers and enlisted men, as then constituted, was continued by act Mar. 2, 1899, sec. 7 (30 Stat. 979). These provisions, other than those relating to the enlisted force, were superseded by act Feb. 2, 1901, sec. 23 (31 Stat. 754), and that section was superseded by act June 25, 1906, sec. 1 (34 Stat. 455), which said section was superseded by sec. 12, National Defense Act of June 3, 1916 (39 Stat. 174), providing that the commissioned personnel should consist of 1 Chief of Ordnance (brigadier general), 10 colonels, 15 lieutenant colonels, 32 majors, 42 captains, and 42 first lieutenants. This provision was in turn superseded by this section.

Provisions relating to the enlisted men of the Ordnance Department, including ordnance sergeants, were made by R. S. 1109, 1162, and 1163, and R. S. 1110, superseded by sec. 12, National Defense Act of June 3, 1916 (39 Stat. 174), providing that the enlisted personnel should consist of the ordnance sergeants then authorized by law and such other enlisted men of grades then authorized by law as the President might direct, which was superseded by this section.

For general provision as to appointment of chiefs and assistant 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 major general, see 1373, 1505, 1522, post.

By 149, post, officers above the grade of captain in the Ordnance Department are to be permanently commissioned therein. Others may be so commissioned, with their consent, or detailed.

For provision by which officers of the Ordnance Department may be excepted from the requirement of duty with troops of the combatant arms, see 244, 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 134, post.

The authorized commissioned strength of this branch is computed as 373 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.)

82. Chief of Ordnance; duties.-It shall be the duty of the Chief of Ordnance to furnish estimates, and, under the direction of the Secretary of War, to make contracts and purchases, for procuring the necessary supplies of ordnance and ordnance stores, for the use of the armies of the United States; to direct the inspection and proving of the same, and to direct the construction of all cannon and carriages, ammunition wagons, traveling forges, artificers' wagons, and of every implement and apparatus for ordnance, and the preparation of all kinds of ammunition and ordnance stores constructed or prepared for said service. R. S. 1164; 10 U. S. C. 192.

The Chief of Ordnance, under the direction of the Secretary of War, may establish depots of ordnance and ordnance stores in such parts of the United States and in such numbers as may be deemed necessary. R. S. 1165; 10 U. S. C. 193.

The Chief of Ordnance, or the senior officer of that corps for any district, shall execute all orders of the Secretary of War, and, in time of war, the orders of any general or field officer commanding an army, garrison, or detachment for the supply of all ordnance and ordnance stores for garrison, field, or siege service. R. S. 1166; 10 U. S. C. 194.

The Chief of Ordnance shall, half yearly, or oftener if so directed, make a report to the Secretary of War of all the officers and enlisted men in his de

partment of the service and of all ordnance and ordnance stores under his control. The Chief of Ordnance, subject to the approval of the Secretary of War, is hereby authorized and directed to draw up and enforce in his department a system of rules and regulations for the government of the Ordnance Department, and of all persons in said department, * *. R. S. 1167; act of Feb.

27, 1877 (19 Stat. 242); 10 U. S. C. 195.

An annual account of the expenses of the national armories shall be laid before Congress, together with an account of the arms made and repaired therein. R. S. 1665; 50 U. S. C. 53.

The first sentence of the fourth paragraph of this section, based on R. S. 1167 as amended, 10 U. S. C. 195, has been held to be still in force and of some value (Memo. J. A. G., October 9, 1930).

The first clause of the second sentence is useless, and no recommendation will be made for its inclusion in the United States Code (Memo. J. A. G., October 9, 1930).

The compilers of the Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 52), that the last clause of the second sentence of the 1929 text, reading:

"and for the safe-keeping and preservation of all ordnance property of every kind, and to direct and prescribe the time, number, and forms of all returns and reports, and to enforce compliance therewith❞—

based on R. S. 1167 as amended; 10 U. S. C. 196, be omitted as impliedly repealed by 111, post.

It has been omitted from the Military Laws.

83. The Chemical Warfare Service; composition.-There is hereby created a Chemical Warfare Service. The Chemical Warfare Service shall consist of one Chief of the Chemical Warfare Service * * one hundred officers in grades from colonel to second lieutenant, inclusive, and one thousand two hundred enlisted men. * ** * Sec. 12a, added to the act of June 3, 1916; by sec. 12, act of June 4, 1920 (41 Stat. 768); 10 U. S. C. 221.

The first sentence of this section has been fully executed (J. A. G. 010.3, November 12, 1929, page 57), but is retained in the Military Laws as of historic interest.

The Chemical Warfare Service is an outgrowth of a Gas Service Section, which owed its origin to a memorandum from The Adjutant General to the Chief of Engineers, dated October 17, 1917, reading as follows:

"Under the instructions of the Secretary of War of October 16, a Gas Service Section of the National Army is to be organized and the following commissioned personnel appointed upon your recommendation:

a. An Officer of Engineers not above the rank of colonel, to be appointed Director of the Gas Service.

b. Following commissioned personnel for this service:

4 majors,

6 captains,

10 first lieutenants,

25 second lieutenants."

Sec. XI, General Order 139, War Department, Nov. 1, 1917, directed that a Chemical Service Section of the National Army be organized with a commissioned personnel of 47 and an enlisted force of 95.

By General Order 62, War Department, June 28, 1918, the Gas Service was organized into a Chemical Warfare Service, National Army, to include the Chemical Service Section, National Army. General Order 80, War Department, 1918, directs that the Chief of the Chemical Warfare Service will operate under the direct supervision of the Chief of Staff, insofar as pertains to purely military matters, and is responsible for the efficiency and preparedness for service of personnel and matériel.

The act of July 11, 1919 (41 Stat. 129), directed that the Chemical Warfare Service "with their powers and duties as defined in orders and regulations in force and effect on November 11, 1918, shall be continued to and until June 30, 1920."

Specific appropriation for the above service appears for the first time in act of June 5, 1920 (41 Stat. 972), making appropriations for the support of the Army.

For general provisions as to appointment of chiefs of branches, see 120 post. For rank, pay, and allowances of the Chief of the Chemical Warfare Service, see 84, post.