to act under the authority of the Secretary of War as the chief of said . Bureau; and said officer while acting under said detail shall have the rank, pay, and allowances of a colonel. Sec. 87, Act of July 1, 1902 (32 Stats., 712).

CHAPTER V.

THE DEPARTMENT OF THE TREASURY-THE ACCOUNTING OFFICERS.

DESIGNATED DEPOSITORIES.

290a. The treasury of the Philippine Islands and such banking associations in said islands with a paid up capital of not less than two million dollars and chartered by the United States or any State thereof as may be designated by the Secretary of War and the Secretary of the Treasury of the United States shall be depositories of public money of the United States, subject to the provisions of existing law governing such depositories in the United States: Provided, That the treasury of the government of said islands shall not be required to deposit bonds in the Treasury of the United States, or to give other specific securities for the safe-keeping of public money except as prescribed, in his discretion, by the Secretary of War. Sec. 85, Act of July 1, 1902 (32 Stats., 711).

CHAPTER VII.

THE DEPARTMENT OF JUSTICE HABEAS CORPUS THE COURT OF

CLAIMS.

HABEAS CORPUS.

361a. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President, or by the governor, with the approval of the Philippine Commission, wherever during such period. the necessity for such suspension shall exist. Sec. 5, Act of July 1, 1902 (32 Stats., 692).

(This paragraph applies to the Philippine Islands, being a part of the "Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes.")

CHAPTER XI.

THE MILITARY ESTABLISHMENT-GENERAL PROVISIONS OF

ORGANIZATION.

NATIVE TROOPS- -TROOPS IN THE PHILIPPINE ISLANDS.

501a. Any companies of Philippine scouts ordered to assist the Philippine constabulary in the maintenance of order in the Philippine Islands may be placed under the command of officers serving as chief or assistant chiefs of the Philippine constabulary, as herein provided: Provided, That when the Philippine scouts shall be ordered to assist the Philippine constabulary, said scouts shall not at any time be placed under the command of inspectors or other officers of the constabulary below the grade of assistant chief of constabulary. Sec. 2, Act of January 30, 1903 (32 Stats., 783).

THE PORTO RICAN REGIMENT.

505a. Citizens of Porto Rico shall be eligible for enlistment in the Regular Army and the Porto Rico Regiment may be ordered for service outside of the island of Porto Rico. Act of March 2, 1903 (32 Stats., 934).

(This amplifies paragraphs 671 and 1366 in regard to enlistments.)

505b. For Porto Rico Provisional Regiment of Infantry, composed of two battalions of four companies each, to include the enlisted men of the present regiment who may be in the service June thirtieth, nineteen hundred and four, and officers as herein provided. The field officers shall be detailed from the officers of the Regular Army of the same grade and shall receive the pay and emoluments of their grade. The present officers of the regiment below the grade of field officers who are mentally, morally, and physically qualified and have proved efficient in their respective positions may be reappointed by the President, by and with the advice and consent of the Senate (and such officers shall be entitled to preference in such appointments) for a provisional term of four years. Officers so reappointed shall be eligible for promotion in the regiment up to and including the rank of captain, upon examination as to their fitness for such promotion. Vacancies then existing or thereafter occurring in the grade of second lieutenant may be filled by the President, in his discretion, by and with the advice and consent of the Senate, by the appointment of citizens of Porto Rico for the provisional term of four years, whose qualifications for commissions shall be established by such examination as the President may prescribe, who shall also be eligible for promotion in the regiment up to and including the rank of captain, upon an examination as to their fitness. Vacancies not filled as hereinbefore provided.

by the reappointment or promotion of the present officers or by the appointment or promotion of citizens of Porto Rico, shall be filled by detail from the line of the infantry of the Army of the same grade with the vacancy to be filled. Men hereafter enlisted in the regiment shall be citizens of Porto Rico and shall be enlisted for a term of two years; and except in the case of noncommissioned officers shall not be reenlisted in time of peace. The names of all enlisted men who have served honorably in the regiment shall be kept at the headquarters of the regiment, and these men shall be regarded as a reserve, to be specially considered in time of war. The pay and allowances of officers and enlisted men of the regiment shall be the same as authorized for like grades in the Regular Army. Act of April 23, 1904 (33 Stats., 266).

(This paragraph alters the provision of paragraph 505.)

THE VOLUNTEER ARMY.

518a. All the volunteer forces of the United States called for by authority of Congress shall, except as herein before provided, be organized in the manner provided by the Act entitled "An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes," approved April twenty-second, eighteen hundred and ninety-eight. Sec. 24, Act of January 21, 1903 (32 Stats., 780).

(This paragraph has reference to the "Act to promote the efficiency of the militia, and for other purposes." The provisions of this Act are incorporated, in this supplement, in the chapter entitied "Militia," excepting section 23 of the Act which belongs more properly to the "Volunteer Army" and which will be found in this supplement as paragraph 522a.)

522a. For the purpose of securing a list of persons specially qualified to hold commissions in any volunteer force which may hereafter be called for and organized under the authority of Congress, other than a force composed of organized militia, the Secretary of War is authorized from time to time to convene boards of officers at suitable and convenient army posts in different parts of the United States, who shall examine as to their qualifications for the command of troops or for the performance of staff duties all applicants who shall have served in the Regular Army of the United States, in any of the volunteer forces of the United States, or in the organized militia of any State or Territory or District of Columbia, or who, being a citizen of the United States, shall have attended or pursued a regular course of instruction in any military school or college of the United States Army, or shall have graduated from any educational institution to which an officer of the Army or Navy has been detailed as superintendent or professor pursuant to law after having creditably pursued the course of military instruction therein provided. Such examinations

shall be under rules and regulations prescribed by the Secretary of War, and shall be especially directed to ascertain the practical capacity of the applicant. The record of previous service of the applicant shall be considered as a part of the examination. Upon the conclusion of each examination the board shall certify to the War Department its judgment as to the fitness of the applicant, stating the office, if any, which it deems him qualified to fill, and, upon approval by the President, the names of the persons certified to be qualified shall be inscribed in a register to be kept in the War Department for that purpose. The persons so certified and registered shall, subject to a physical examination at the time, constitute an eligible class for commissions pursuant to such certificates in any volunteer force hereafter called for and organized under the authority of Congress, other than a force composed of organized militia, and the President may authorize persons from this class, to attend and pursue a regular course of study at any military school or college of the United States other than the Military Academy at West Point and to receive from the annual appropriation for the support of the Army the same allowances and commutations as provided in this Act for officers of the organized militia: Provided, That no person shall be entitled to receive · a commission as a second lieutenant after he shall have passed the age of thirty; as first lieutenant after he shall have passed the age of thirty-five; as captain after he shall have passed the age of forty; as major after he shall have passed the age of forty-five; as lieutenantcolonel after he shall have passed the age of fifty, or as colonel after he shall have passed the age of fifty-five: And provided further, That such appointments shall be distributed proportionately, as near as may be, among the various States contributing such volunteer force: And provided, That the appointments in this section provided for shall not be deemed to include appointments to any office in any company, troop, battery, battalion, or regiment of the organized militia which volunteers as a body or the officers of which are appointed by the governor of a State or Territory. Sec. 23, Act of January 21, 1903 (32 Stats., 779).

CHAPTER XIII.

RANK AND COMMAND-TACTICAL AND TERRITORAL ORGANIZATIONS.

CLERKS AND MESSENGERS.

572a. Pay to clerks and messengers at headquarters of division and departments and office of the Chief of Staff.

One chief clerk, at the office of the Chief of Staff, two thousand dollars per annum.

Four clerks, at one thousand eight hundred dollars each per annum. Ten clerks, at one thousand six hundred dollars each per annum. Twenty-five clerks, at one thousand four hundred dollars each per

annum.

Sixty-five clerks, at one thousand two hundred dollars each per

annum.

Eighty-six clerks, at one thousand dollars each per annum.

Sixty-eight general-service messengers, at seven hundred and twenty dollars each per annum.

In all, two hundred and seventy-three thousand one hundred and sixty dollars. Act of April 23, 1904 (33 Stats., 261).

(This paragraph amends paragraph 572 by providing for the clerks needed under the new organization for the General Staff and for military divisions.)

CHAPTER XIV.

THE STAFF DEPARTMENTS GENERAL PROVISIONS-DISBURSING

OFFICERS.

APPOINTMENTS AND DETAILS.

577a. No officer hereafter detailed or appointed under the provisions. of section twenty-six of the Act of February second, nineteen hundred and one, who has less than four years to serve from the date of his detail or appointment to the date of his retirement shall serve under such detail or appointment or be paid as if on the active list beyond the date of his retirement. Act of June 30, 1902 (32 Stats., 509).

SETTLEMENT OF ACCOUNTS ARISING DURING THE SPANISH-AMERICAN

WAR.

605a. The proper accounting officers of the Treasury are hereby, directed, in the settlement of the accounts of disbursing officers of the War Department, arising between the twenty-first day of April, eighteen hundred and ninety-eight, from which date war with Spain is declared to have existed, and the eighth day of July, nineteen hundred and one, inclusive, the date on which the last organization of the Volunteer Army was mustered out of the service of the United States, to allow such credits for payments and for losses of funds, vouchers, and property as may be recommended under authority of the Secretary of War by the heads of the military bureaus to which such accounts respectively pertain. Sec. 1, act of March 3, 1903 (32 Stats., 955).

605b. The accounts of military officers, whether of the line or staff, for Government property charged to them, shall be closed by the proper accounting officers whenever, in the judgment of the Secretary of War, it will be for the interest of the United States to do so: