The office of Judge Advocate of the Army was created during the War of the Revolution, having been established by resolution of Congress of July 25, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 29 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). Sec. 19 of the act of 1812 (id. 674), passed in contemplation of war with England, made provision for one judge advocate, with the rank of major, to each division, and this number was increased to three by sec. 2 of the act of Apr. 24, 1816 (3 id. 397). 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. 3, 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), the composition of the department was fixed at one Judge Advocate General (brigadier general), one 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 Gen

eral's Department, the composition of which was fixed as follows: One Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), three deputy judge advocates general (lieutenant colonels), and three 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 one Judge Advocate General with the rank of brigadier general, two judge advocates with the rank of colonel, three judge advocates with the rank of lieutenant colonel, and six 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, 2279.

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 coionel, 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 so-called " manchu" law (act of Aug. 24, 1912, 37 Stat. 571) 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 547, post.

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.

547. 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 grades from colonel to captain, inclusive: Provided, That immediately upon the passage of this Act the number of colonels of the Judge Advocate General's Department shall be increased by five, and the vacancies thus created shall be filled by promotion in the manner heretofore provided by law. Sec. 8, act of June 3, 1916 (39 Stat. 169), as amended by sec. 8, act of June 4, 1920 (41 Stat. 765-766).

For general provision under which the Judge Advocate General first received the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 6, 1917, post, 2342. 548. Vacant.

549. Appointment of colonels and lieutenant-colonels.* * * Not less than three such persons shall be appointed to the grade of colonel in the Judge Advocate General's Department, and not less than eight to the grade of lieutenant colonel in the Judge Advocate General's Department, provided a sufficient number of applicants for such appointments are legally eligible and are found by the board provided for in this section to be properly qualified. * Sec. 24, act of June 3, 1916 (39 Stat. 183), as amended by sec, 24, act of June 4, 1920 (41 Stat. 771).

Sec. 24, above, provides for granting commissions in the Regular Army to officers holding emergency commissions.

550. Appointment of captains.-*

* Any vacancy in the grade of captain in the Judge Advocate General's Department, not filled by transfer or detail from another branch, may, in the discretion of the President, be filled by appointment from reserve judge advocates between the ages of thirty and thirtysix years, and such appointee shall be placed upon the promotion list immediately below the junior captain on said list. Sec. 24e, added to the act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 774).

In regard to the promotion list, see 2282, post.

*

*

551. Duties.-The Judge-Advocate-General shall receive, revise and cause to be recorded the proceedings of all courts-martial, courts of inquiry, and military commissions, and perform such other duties as have been performed heretofore by the Judge-Advocate-General of the Army. R. S. 1199.

Notes of Decisions.

"Revise."-Under this section, the Judge Advocate General does not reverse, or purport to reverse, the findings of a courtmartial. He merely makes an advisory report to the Secretary of War, giving his opinion upon the merits of the trial and sentence. Nor is the power to reverse to be implied because the statute makes it the duty of the Judge Advocate General to "receive, revise, and cause to be recorded the proceedings of all courts-martial." It is not reasonable to suppose that the exereise of such an important power would be conferred in vague and doubtful terms, or that it lurks behind the word revise." Applying the rule, "noscitur a sociis," the word "revise" is to be read in connection with the words that precede and follow it, and, thus read, the duty it imposes is analogous to the duty of receiving and recording the proceedings. Had it been intended by the statute to introduce such a marked innovation into the preexisting

functions of that officer, and to convert a staff officer or the head of a bureau into a judicial officer having the ultimate decision in all cases of military offenses, the power to affirm, reverse, or modify the proceedings of courts-martial would have been lodged in plain and explicit language. The language employed is more appropriate to indicate the discharge of clerical duties.

It is not intended to intimate that it is not the province and the duty of the Judge Advocate General to revise the proceedings of courts-martial so far as may be necessary to rectify errors of form, and to point out errors of substance which, in his judgment, should be corrected by the proper authorities, nor is it doubted that, as to all such topics as are within the purview of his official scrutiny, his opinion is entitled to that respectful consideration which is due to the dignity and importance of the position which he holds. Ex parte Mason (C. C. 1882), 256 Fed. 384.

552. Duties directed by the Judge Advocate General.-Judge-advocates shall perform their duties under the direction of the Judge-Advocate-General. R. S. 1201.

The work done in the Judge Advocate General's Office and for which he is responsible consists mainly of the following particulars: Reviewing and making reports upon the proceedings of trials by court-martial of officers, enlisted men, and cadets, and the proceedings of courts of inquiry; making reports upon applications for pardon or mitigation of sentences; preparing and revising charges and specifications prior to trial, and instructing judge advocates in regard to the conduct of prosecutions; drafting of contracts, bonds, etc.; as also, for execution by the Secretary of War, of deeds, leases, licenses, grants of rights of way, approval of locations of rights of way, approval of plans of bridges, power dams, and other structures, notices to alter bridges as obstructions to navigation, removal of sunken wrecks, etc.; framing of bills affecting legislation for the Army, Militia, etc., forms of procedure, etc.; preparing of opinions upon questions relating to the appointment, promotion, rank, pay, allowances, etc., of officers, enlisted men, etc., and to their amenability to military jurisdiction and discipline; upon the civil rights, liabilities, and relations of military persons and the exercise of the civil jurisdiction over them; as to cases of death under act of May 11, 1908 (35 Stat. 108), as amended by the act of Mar. 3, 1909 (35 Stat. 735); upon the employment of the Army in the execution of the laws; upon the discharge of minors, deserters, etc., on habeas corpus; upon the administration of military commands, the care and government of military reservations,

militia target ranges, etc., and the extent of the United States and State Jurisdiction over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the interpretations and effect of public contracts between the United States and individuals and corporations; upon the validity and disposition of the varied claims against the United States presented to the War Department, including injuries received by employees on public works under act of May 30, 1908 (35 Stat. 556); upon the execution of public works under appropriation by Congress; upon obstructions to navigation as caused by bridges, dams, locks, piers, harbor lines, etc., upon the riparian rights of the United States and of States and individuals on navigable waters, etc.; and the furnishing to other departments of the Government of statements and information apposite to claims therein pending; as to the application of the eight-hour law (act of Aug. 1, 1892, 27 Stat. 340), as amended by the act of Mar. 3, 1913 (37 Stat. 726), to the various classes of work, under the several bureaus of the War Department, including river and harbor improvements; rewards for the apprehension and delivery of deserters; and to furnish to individuals under the 111th Article of War copies of their records of trial by general courts-martial. The matter of the submitting to the Judge Advocate General of applications for opinions is regulated by paragraph 915, Army Regulations, 1913.

5521. Civilian force.-For additional employees in the Office of the Judge Advocate General, $25,000: Provided, That no person shall be employed hereunder at a rate of compensation exceeding $1,800 per annum. Act of Mar. 3, 1921 (41 Stat. 1277), making appropriations for legislative, executive, and judicial expenses: Office of Judge Advocate General.

The medical and surgical needs of the troops composing the Revolutionary armies were, at first, supplied by the surgeons who were attached to the several regimental organizations, and no provision seems to have been made for medical or surgical supervision, for the procurement and distribution of supplies, or for the establishment of a general hospital service until 1775, when, by a resolution of Congress dated July 27, 1775, the office of Director General was established, who was charged with the duties subsequently performed by the Purveyor General of Medical Supplies. The same enactment provided for a medical staff composed of 4 surgeons and 20 surgeon's mates, for an apothecary and 2 storekeepers, and for hospital attendance at the rate of 1 nurse for every 10 patients. Under the authority thus conferred several general hospitals were established at points conveniently near to the several theaters of military operations. The medical establishment thus created was modified by subsequent resolutions of Congress; the changes caused by the resolution of Apr. 22, 1777, being so extensive as to constitute a complete reorganization of the department. As thus modified, however, the department continued in existence until the disbandment of the Revolutionary armies in 1783. For the 10 years succeeding the organization of the Government under the Constitution the medical and surgical necessities of the troops were met by the medical officers attached to the several organizations constituting the Military Establishment.

The act of Mar. 2, 1799 (1 Stat. 721), passed in contemplation of a war with France, but which was never fully executed, made provision for a complete medical establishment consisting of a physician general, an apothecary general, and a purveyor, together