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By 149, post, officers above the grade of captain in the Chemical Warfare Service are to be permanently commissioned therein. Others may be so commissioned, with their consent, or may be detailed to said service.

For provision by which officers of the Chemical Warfare Service 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 106 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.) 84. Chief of the Chemical Warfare Service; rank, pay, and allowances.—That

the Chief of the Chemical Warfare Service of the Army shall hereafter have the rank, pay, and allowances of a major general. Act of Feb. 24, 1925 (43 Stat. 970); 10 U. 8. C. 221.

The Chief of the Chemical Warfare Service, by a provision of sec. 12a, National Defense Act, added by the act of June 4, 1920 (41 Stat. 768), originally had only the rank of a brigadier general. 85. Chief of the Chemical Warfare Service; duties.—*

The Chief of the Chemical Warfare Service under the authority of the Secretary of War shall be charged with the investigation, development, manufacture, or procurement and supply to the Army of all smoke and incendiary materials, all toxic gases, and all gas-defense appliances; the research, design, and experimentation connected with chemical warfare and its material; and chemical projectile filling plants and proving grounds; the supervision of the training of the Army in chemical warfare, both offensive and defensive, including the necessary schools of instruction; the organization, equipment, training, and operation of special gas troops, and such other duties as the President may from time to time prescribe. Sec. 12a, added to the act of June 3, 1916, by sec. 12, act of June 4, 1920 (41 Stat. 768); 10 U. 8. C. 222.

For charging of transportation costs of civilian employees and materials to the specific manufacturing or purchasing activity concerned, see 1737, post.

86. Bureau of Insular Affairs; establishment and duties. That the Division of Insular Affairs of the War Department, organized by the Secretary of War, is hereby continued until otherwise provided, and shall hereafter be known as the Bureau of Insular Affairs of the War Department. The business assigned to said bureau shall embrace all matters pertaining to civil government in the island possessions of the United States subject to the jurisdiction of the War Department. *. Sec. 87, act of July 1, 1902 (32 Stat. 712); 48 U. 8. 0. 1.

The “Division of Customs and Ingular Affairs" was created in the War Department hy the Acting Secretary of War on Dec. 13, 1898, the title being changed to “Division of Insular Affairs" on Dec. 10, 1900. For

purposes of convenience in military administration, the War Department confines the use of the term “bureau” to the Militia (National Guard) Bureau and the Bureau of Ingular Affairs (since abolished). Sec. III, G. 0. 24, W. D., 1921.

By executive Order No. 6726 of May 29, 1934, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended, the functions of the Bureau of Insular Affairs, War Department, pertaining to or connected with the administration of the Government of Puerto Rico were transferred to the Division of Territories and Insular Possessions, Department of the Interior.

By sec. 4, Part I, Reorganization Plan No. 2, dated May 9, 1939, issued under authority of the Reorganization Act of April 3, 1939, the Bureau of Insular Affairs and its functions were transferred to the Department of the Interior, to be consolidated with the Division of Territories and Island Possessions in that Department, and the office of the chief of the bureau and offices subordinate thereto were abolished. By resolution of June 7, 1939, this transfer was made effective as of July 1, 1939.

87. Bureau of Insular Affairs; composition.—The officers of the Bureau of Insular Affairs shall be one Chief of the Bureau with the rank of brigadier

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general, and two officers below the grade of brigadier general:

Sec. 14, act of June 3, 1916 (39 Stat. 176); sec. 14, act of June 4, 1920 (41 Stat. 769); 48 U. 8. C. 2.

By 163, post, officers of the Bureau of Insular Affairs are to be obtained by detail from officers of corresponding grades in other branches.

88. Chief of the Bureau of Insular Affairs; appointment, tenure, rank, pay, and allowancees.-That the Chief of the Bureau of Insular Affairs of the War Department shall hereafter be appointed by the President for the period of four years, unless sooner relieved, with the advice and consent of the Senate, and while holding that office he shall have the rank, pay, and allowances of a brigadier general. Act of June 25, 1906 (34 Stat. 456); 48 U. 8. C. 3.

A proviso of sec. 14, National Defense Act, giving a former chief the rank of major general is omitted because of his retirement.

89. National Guard Bureau; establishment and composition.-The Militia Bureau of the War Department shall hereafter be known as the National Guard Bureau. For duty in the National Guard Bureau

the President shall assign such number of officers of the Regular Army as he may deem necessary;

Sec. 81, act of June 3, 1916 (39 Stat. 203); sec. 44, act of June 4, 1920 (41 Stat. 782); sec. 4, act of Sept. 22, 1922 (42 Stat. 1034); sec. 3, act of Feb. 28, 1925 (43 Stat. 1076); sec. 16, act of June 15, 1933 (48 Stat. 159); 32 U. 8. C. 171, 174.

By 163, post, all officers of the Militia Bureau are to be obtained by detail from officers of corresponding grades in other branches.

For the creation and functions of the Division of Militia Affairs see Comp, G. O., Circ. and Bul. 1915, par. 168.

The Militia Division was designated the “Militia Bureau of the War Department," by section 3, act of February 28, 1925 (43 Stat. 1076).

The National Militia Board, consisting of five officers on the active list of the Organ. ized Militia, is referred to in sec. 81, act of June 3, 1916 (39 Stat. 203), as having been created by sec. 11, act of May 27, 1908 (35 Stat. 403), amending sec. 20, act of Jan. 21, 1903 (32 Stat. 779), although the board was not specifically designated therein by that title. The National Militia Board was abolished by said sec. 81, which, in addition to a provision like the above section, contained a declaration that the Militia Bureau, like other bureaus of the War Department, should be under the immediate supervision of the Secretary of War, and should not form a part of any other bureau, office, or organization.

For purposes of convenience in military administration, the War Department confines the use of the term "bureau" to the National Guard Bureau and the Bureau of Insular Affairs (since abolished). Sec, III, G. 0. 24, W. D., 1921.

90. Chief of the National Guard Bureau; appointment, tenure, rank, pay, and allowances.--The Chief of the National Guard Bureau shall be appointed by the President, by and with the advice and consent of the Senate, by selection from lists of officers of the National Guard of the United States recommended as suitable for such appointment by their respective governors, and who have had ten or more years' commissioned service in the active National Guard, at least five of which have been in the line, and who have attained at least the grade of colonel. The Chief of the National Guard Bureau shall hold office for four years unless sooner removed for cause, and shall be eligible to succeed himself, and when sixty-four years of age shall cease to hold such office. Upon accepting his office, the Chief of the National Guard Bureau shall be appointed a major general in the National Guard of the United States, and commissioned in the Army of the United States, and while so serving he shall have the rank, pay, and allowances of a major general, provided by law, but shall not be entitled to retirement or retired pay. Sec. 81, act of June 3, 1916 (39 Stat. 203); sec. 44, act of June 4, 1920 (41 Stat. 782); sec. 4, act of Sept. 22, 1922 (42 Stat.

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1034); sec. 3, aot of Feb. 28, 1925 (43 Stat. 1076); sec. 16, act of June 15, 1933 (48 Stat. 159); sec. 5, act of June 19, 1935 (49 Stat. 392); 32 U. S. C. 172.

Prior to the enactment of sec. 16, act of June 15, 1933 (48 Stat. 159), this bureau was known as the “Militia Bureau."

The Chief of the Militia Bureau was ex officio a member of the General Stař Corps until the enactment of sec, 5, act of June 4, 1920 (41 Stat. 762).

The amendment of Feb. 28, 1925, as stated in committee reports, was made to effect the following changes : (a) That the appointment shall hereafter be made only from active federally recognized National Guard officers; (b) that the appointee shall cease to hold office upon reaching 64 years of age (except in the case of the present incumbent); (c) that upon appointment he be appointed a major general in the officers' Reserve Corps, the appointment to terminate when he ceases to hold office; (d) that his pay and allowances be fixed in accordance with the pay readjustment act of June 10, 1922 (see 1373, 1487, 1505, 1506, 1522, and 1523, post; and (e) that a National Guard man will at all times be the active head of the Militia Bureau.

91. Chief of the National Guard Bureau; vacancy in office or disability of incumbent.--In case the office of the Chief of the National Guard Bureau becomes vacant or the incumbent because of disability is una le to discharge the powers and duties of the office, the senior officer on duty in the National Guard Bureau, appointed from the National Guard of the United States, shall act as chief of said bureau until the incumbent is able to resume his duties or the vacancy in the office is regularly filled.

Sec. 81, act of June 3, 1916 (39 Stat. 203); sec. 44, act of June 4, 1920 (41 Stat. 782); sec. 4, act of Sept. 22, 1922 (42 Stat. 1034); sec. 3, act of Feb. 28, 1925 (43 Stat. 1076); sec. 16, act of June 15, 1933 (48 Stat. 160); 32 U. 8. C. 173.

For detail of officers of the National Guard of the United States to the National Guard Bureau, see 1282, post. 92. Chaplains; number.

Provided further, That on and after January 1, 1923, there shall be

one hundred and twenty-five chaplains, Act of June 30, 1922 (42 Stat. 721); 10 U. S. C. 233, 482. The office of chaplain existed in the Revolutionary armies, as is indicated by the requirement of sec. 1, art. 4, of the Rules and Articles of War of 1776, which provides a penalty for the nonperformance of the duties appropriate to the office. The act of Mar. 3, 1791 (1 Stat. 222), authorized the appointment of a chaplain in case the President might "deem such appointment necessary to the public interest." As the act contemplated a brigade organization, it would appear that the office thus conditionally created was that of a brigade rather than a regimental chaplain. The inclusion of the chaplain in the General Staff," in sec. 7 of the act of Mar. 5, 1792 (id. 242), and Mar. 3, 1795 (id. 430), would also seem to indicate the correctness of this view. No provision was made for the services of chaplains in the enactments respecting the militia of May 2, 1792 (id. 264), and May 8, 1792 (id. 271), nor in the militia act of Jan. 21, 1903 (32 Stat. 775). The office of chaplain was discontinued on Oct. 1, 1796, in conformity to the requirements of the act of May 30, 1796 (1 Stat. 483), “to ascertain and fix the Military Establishment of the United States." The acts authorizing the creation of a provisional army, approved May 28, 1798 (id. 558), made no provision for the services or compensation of chaplains, but this omission was supplied by a provision for four chaplains in the act of July 16, 1798 (id. 604), who were to be attached to the General Staff, and were to receive the pay and allowances of majors. No provision was made for these officers, however, in the act of Mar. 3, 1799 (id. 749). By the acts of Feb. 20, 1800 (2 id. 7), and May 14, 1800 (id. 85), the operation of the foregoing enactments was suspended, and the act of Mar. 16, 1802 (id. 133), contained no provision for chaplains, or for the procurement of religious services at military posts.

The act of Apr. 12, 1808 (2 Stat. 483, sec. 7), passed in contemplation of war with England, authorized the appointment of brigade chaplains, and similar provision was made in sec. 24 of the act of Jan, 11, 1812 (id. 674), which conferred upon these officers the pay and allowances of majors of Infantry, and this last-named provision was repeated in sec. 16 of the act of Jan. 20, 1813 (id. 791). The acts of Mar. 3, 1815 (3 Stat. 224) ; Apr. 24, 1816 (id. 297); Apr. 14, 1818 (id. 426) ; Apr. 20, 1818 (id. 460); Mar. 2, 1821 (id. 615), to reduce and fix the military peace establishment, made no provision for these officers which then ceased to exist.

The office of post chaplain was established by sec. 18 of an act of July 5, 1838 (5 Stat. 259), appointments thereto being vested in the councils of administration of the

several military posts. The chaplains were to act as post schoolinasters, and their compensation was to be fixed by the post councils, with the approval of the Secretary of War, but was in no case to exceed $40 per month with four rations per day and an established allowance of fuel and quarters. The number of chaplain posts was fixed at 20 by the act of July 7, 1838 (id. 308), which were to be designated by the Secretary of War, and were to be "confined to places most destitute of instruction.” By sec. 3 of the act of Mar. 2, 1849 (9 id. 351), 10 additional chaplains were authorized, and by sec. 2 of the act of Feb. 21, 1857 (11 Stat. 163), the monthly pay proper of chaplains was increased to a sum not exceeding $60, subject to the approval of the post council of administration.

For each of the regiments of Volunteers authorized to be raised for the War with Mexico a chaplain was authorized, and power was conferred upon the President to order the existing post chaplains to the theater of active operations, and, in the event of their refusal to obey such order, their offices were to be declared vacant by the Adjutant General of the Army; sec. 7, act of Feb. 11, 1847 (9 Stat. 124). During the Civil War a chaplain was authorized for each regiment of Volunteers, who was to have the pay and allowances of a captain of Cavalry; sec. 9, act of July 22, 1861 (12 Stat. 270). By sec. 7 of the act of Aug. 3, 1861 (id. 288), none but ministers of some Christian denomination were to be eligible for appointment. By sec. 2 of the act of May 30, 1862 (id. 404), the President was authorized to appoint a chaplain for each general hospital; by the act of July 17, 1862 (id. 594), their pay and allowances were fixed and the qualifications for the office were established. Rank without command was conferred by the act of Apr. 9, 1864 (13 id. 46), in which enactment their duties were still further defined. By sec. 31 of the act of July 28, 1866 (14 id. 337), the existing force was recognized and continued, and one chaplain was authorized for each regiment of colored troops established, "whose duty shall include the instruction of the enlisted men in the common English branches of education"; by sec. 7 of the act of Mar. 2, 1867 (id. 423), the rank of captain of Infantry, without command, was conferred, and chaplains were placed upon the same footing in respect to pay, allowances, and emoluments as other officers of the Army.

Thirty post chaplains, and four regimental chaplains for the four regiments of colored troops provided for by R. S. 1104, 1108, were authorized by R. S. 1094, 1121 ; and act of Apr. 26, 1898 (30 Stat. 364), which reorganized the line of the Army, contained a proviso, annexed to sec. 1 thereof, that it should not be construed as abolishing the office of chaplain in each regiment of colored troops. Thirty chaplains, to be assigned to regiments or posts in the discretion of the Secretary of War, were provided for by act of Mar. 2, 1999 (30 Stat. 977), with provisos, annexed to secs. 2 and 4 thereof, that it should not be construed as abolishing the office of chaplain in each regiment of colored Cavalry or colored Infantry.

By sec. 12 of the act of Feb. 2, 1901 (31 Stat. 750), the distinction between post and regimental chaplains was abolished and chaplains were thereafter required to be assigned to regiments of the line or to stations occupied by the troops of the corps of Artillery.

A chaplain for the Corps of Engineers was authorized by a provision of act of June 12, 1906 (34 Stat. 256).

By 149, post, chaplains are to be permanently commissioned as such.

Sec. 15, act of June 3, 1916, was amended by act of May 12, 1917 (40 Stat. 72), and act of May 25, 1918 (40 Stat. 561). Both amendments were superseded.

Section 15, National Defense Act of June 3, 1916 (39 Stat. 176), as amended by section 15, act of June 4, 1920 (41 Stat. 769), fixed the number of chaplains at one for every twelve hundred officers and enlisted men of the Regular Army, exclusive of the Philippine Scouts and the unassigned recruits, authorized from time to time, This was superseded by the above provision.

The authorized number of chaplains is computed as 127 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.) 93. Chief of chaplains; appointment, tenure, rank, pay, and allowances.

One chaplain, of rank not below that of major, may be appointed by the President, by and with the advice and consent of the Senate, to be chief of chaplains. He shall serve as such for four years, and shall have the rank, pay, and allowances of colonel while so serving. His duties shall include investigation into the qualifications of candidates for appointment as chaplain, and general coordination and supervision of the work of chaplains.

Sec. 15,

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act of June 3, 1916 (39 Stat. 176); sec. 15, act of June 4, 1920 (41 Stat. 769); 10 U. S. C. 234.

The Chief of Chaplains receives the pay of the sixth period, by 1374, post.

94. Chaplains; duties.-All regimental chaplains and post chaplains shall, when it may be practicable, hold appropriate religious services, for the benefit of the commands to which they may be assigned to duty, at least once on each Sunday, and shall perform appropriate religious burial services at the burial of officers and soldiers who may die in such commands. R. 8. 1125; 10 U. S. C. 238.

It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facilities as may aid them in the performance of their duties. R. S. 1127; 10 U.S. C. 239.

The office of post chaplain was abolished by sec. 12, act of Feb. 2, 1901 (31 Stat. 750), which also provided for assignment of chaplains to regiments, etc.

The second paragraph of the 1929 text of this section, based on R. S. 1126, act of Feb. 27, 1877 (19 Stat. 242), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1428).

94a. Chaplains; assignment.--* Chaplains may be assigned to such stations as the Secretary of War shall direct

* Sec, 12, act of Feb. 2, 1901 (31 Stat. 750); 10 U. S. C. 240.

The above provision is still the law, but it is unnecessary and its express repeal is recommended (J. A. G. 010.3, November 12, 1929, page 59).

95. Detached lists.-All officers and enlisted men authorized by law and not assigned to duty with any branch or bureau herein provided for shall be carried on the Detached Officers' List and Detached Enlisted Men's List, respectively. Sec. 25, act of June 3, 1916 (39 Stat. 183); sec. 25, act of June 4, 1920 (41 Stat. 775); 10 U. S. O. 531, 607.

96. Detachments at recruiting stations.—That the Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations.

Sec. 31, act of Feb. 2, 1901 (31 Stat. 756); 10 U. 8. O. 641.

The War Department recommends express repeal of this section as merely declaratory and useless (J, A. G, 010.3, November 12, 1929, page 109).

97. Detachments at recruit depots.—* Provided further, That hereafter the Secretary of War shall be authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruit depots

Act of June 12, 1906 (34 Stat. 212); 10 U. S. C. 641. The War Department recommends the express repeal of this section as merely declaratory and useless (J. A. G. 010.3, November 12, 1929, page 109).

98. Detachments at remount depots.-* Provided further, That hereafter from the enlisted force of the Army now provided by law the President may authorize the organization of remount detachments at each of the remount depots, *: Provided, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Mar. 3, 1911 (36 Stat. 1049); 10 U. S. C. 642.

The portion omitted between the two provisos referred to “mechanics, artificers, farriers, horseshoers, and cooks,” which grades as such no longer exist, being found now among the grades of enlisted men established under authority of 255, post.

The War Department recommends the express repeal of this section as merely declaratory and useless (J. A. G. 010.3, November 12, 1929, page 110).

99. Detachments at service schools.-* Provided, That from the enlisted force of the Army now provided by law the President may authorize the organization of school detachments at each of the service schools, Provided, That nothing herein shall be construed as to authorize an increase in

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