to be employed, and on June 21, 1831, the Topographical Bureau was formally constituted, in general orders, as a separate office of the War Department.

The Corps of Topographical Engineers eo nomine was established by sec. 4 of the act of July 5, 1838 (5 Stat. 257), to consist of 1 colonel, 1 lieutenant colonel, 4 majors, 10 captains, 10 first lieutenants, and 10 second lieutenants, who were to be appointed by selection from the Corps of Engineers, from the line of the Army, and from the civil engineers authorized by the act of Apr. 30, 1824. The corps as thus constituted was increased by sec. 2 of the act of Aug. 5, 1861 (12 id. 287), by the addition of 3 first lieutenants and 3 second lieutenants, and, by the act of Aug. 6, 1861 (id. 317), by the addition of 2 lieutenant colonels, 4 majors, and 1 company of Engineer soldiers. The corps was discontinued by the act of Mar. 3, 1863 (12 Stat. 743), its officers being merged in the Corps of Engineers.

595. Composition.-The Corps of Engineers shall consist of one Chief of Engineers with the rank of major general, one assistant with the rank of brigadier general, six hundred officers in grades from colonel to second lieutenant, inclusive, and twelve thousand enlisted men, such part of whom as the President may direct being formed into tactical units organized as he may prescribe. Sec. 11, act of June 3, 1916 (39 Stat. 173), as amended by sec. 11, act of June 4, 1920 (41 Stat. 768).

For general provision under which the Chief of Engineers received the rank, pay, and allowances of a major general, see sec. 3, act of Oct. 6, 1917, post, 2342.

596. Selection of the Chief of Engineers.-The

*

* * Chief of Engineers shall be appointed by selection from the corps to which they belong. R. S. 1193.

* *

* Provided, That the Chief of Engineers shall be appointed as now provided by law, * Sec. 22, act of Feb. 2, 1901 (31 Stat. 754), as amended by act of Apr. 23, 1904 (33 Stat. 263).

See 2326, post.

597. Appointment of second lieutenants.-*

Vacancies in the grade

of second lieutenant in the Corps of Engineers shall hereafter be filled, as far as may be consistent with the interests of the military service, by promotions from the Corps of Cadets at the United States Military Academy: Provided, That vacancies remaining in any fiscal year after the assignment of cadets of the class graduating in that fiscal year may be filled from civil life as hereinafter provided: And provided further, That the proportion of any graduating class assigned to the Corps of Engineers shall not be less than the proportion which the total number of officers authorized at date of graduation for that corps bears to the total number of officers authorized at same date for all branches of the Army to which cadets are eligible for promotion upon graduation, except when such a proportionate number is more than the number of vacancies existing at date of graduation plus the number of retirements due to occur in the Corps of Engineers prior to the first day of the following January. To become eligible for examination and appointment, a civilian candidate for the appointment as second lieutenant must be an unmarried citizen of the United States between the ages of twenty-one and twenty-nine, who holds a diploma showing graduation in an engineering course from an approved technical school, and is eligible for appointment as a junior engineer under the Engineer Bureau of the War Department. Selection of eligible civilians for appointment, including term of probation, shall be made as the result of such competitive examination into the mental, moral, and physical qualifications, and under such rules and regulations as shall be recommended by the Chief of Engineers and approved by

the Secretary of War.

Sec. 5, act of Feb. 27, 1911 (36 Stat. 957), making appropriations for river and harbor expenses.

But see 2269, post.

Other provisions relating to the composition of the Corps of Engineers are contained in act Feb. 2, 1901, sec. 22, as amended by act Apr. 23, 1904, and act June 3, 1916, sec. 11 (39 Stat. 174), and relating to promotions in the Corps by said act Feb. 2, 1901, sec. 22, as amended by act Apr. 23, 1904, and a provision of act June 3, 1916, sec. 24. The appointment to the Corps of Engineers of any officer graduated from the Military Academy at the head of his class, not then in the Corps, was provided for by a provision of sec. 13, act of Mar. 2, 1899 (30 Stat. 980).

and hereafter vacancies in the Corps of Engi

*

598. Promotions.neers in all other grades above that of second lieutenant shall be filled by promotion, according to seniority, from the Corps of Engineers. Sec. 22, act of Feb. 2, 1901 (31 Stat. 754), as amended by act of Apr. 23, 1904 (33 Stat. 263). * The increase in each grade hereby provided for shall be extended over a period of five years as nearly as practicable, and the original vacancies hereby created in each grade shall be filled by promotion from the next lower grade in accordance with existing law: * * Sec. 5, act of Feb. 27, 1911 (36 Stat. 957).

Formerly promotion in this corps was subject to examination, according to R. S. 1206. But see 2279, post.

599. Promotion of lieutenant with 14 years of service.-When any lieutenant of the Corps of Engineers has served fourteen years' continuous service as lieutenant, he shall be promoted to the rank of captain, on passing the examination provided by the preceding section, but such promotion shall not authorize an appointment to fill any vacancy, when such appointment would increase the whole number of officers in the corps beyond the number fixed by law; nor shall any officer be promoted before officers of the same grade who rank him in his corps. R. S. 1207.

Section twelve hundred and seven is amended by inserting after the word "engineers" in the first line, the words "or Ordnance Corps." Act of Feb. 27, 1877 (19 Stat. 243), amending R. S. 1207.

But see 2279, post.

Notes of Decisions.

Promotion for continuous service. An officer of the Engineer Corps who has unsuccessfully undergone examination for promotion under 598, ante, and in consequence has been suspended from promotion for one

year as provided by that section, is not, during the period of such suspension, quali fied for promotion on account of continuous service under this section. (1883) 17 Op. Atty. Gen. 571.

600. Limits of duty.-Engineers shall not assume nor be ordered on any duty beyond the line of their immediate profession, except by the special order of the President. They may, at the discretion of the President, be transferred from one corps to another, regard being paid to rank. R. S. 1158.

But see 2353, post.

Employment of retired officers of the Army and Navy on river and harbor improve ment was provided for by sec. 7, act of June 3, 1896 (29 Stat. 235), post, 2443.

The detail of officers of the Engineer Corps, for consultation or to superintend the construction or repair of any aid to navigation was authorized by act June 17, 1910, sec. 11 (36 Stat. 538).

Officers of the Army and Navy were to be employed, as far as compatible with the successful prosecution of the work, in the coast survey, by R. S. secs. 4684, 4687.

The organization of a board of five Engineer officers required to perform the duties imposed by the Chief of Engineers, and to consider and report on all reports and surveys for river and harbor improvements, was provided for by act June 13, 1902, sec. 3, post, 1514.

Notes of Decisions.

and county of San Francisco to use the Hetch Ketchy Valley, in the Yosemite National Park, for maintaining a water supply for municipal purposes. (1910) 28 Op. Atty. Gen. 270.

Limits of duty.-The oversight and inspection of a public work, requiring science and skill to construct it, is the appropriate duty of an engineer, as also the disbursement of public moneys applicable to any such work about the execution of which an engineer may be engaged. (1860) 9 Op. Atty. Gen. 463.

601. Duties of enlisted men. The enlisted men of the engineer battalion shall be instructed in and perform the duties of sappers, miners, and pontoniers, and shall aid in giving practical instruction in those branches at the Military Academy. They may be detailed by the Chief of Engineers to oversee and aid laborers upon fortifications and other works in charge of the Engineer Corps, and, as fort-keepers, to protect and repair finished fortifications. R. S. 1157.

One company of bombardiers, sappers, and miners was authorized by the act of Apr. 29, 1812 (2 Stat. 720), to be officered from the Corps of Engineers; this company was disbanded at the general reduction of 1821, act of Mar. 2, 1821 (2 id. 615). A similar company, to be officered in the same manner, was authorized by the act of May 15, 1846 (9 id. 12); three additional companies were provided for in sec. 4 of the act of Aug. 6, 1861 (12 id. 317). A sergeant-major, quartermaster-sergeant, and commissary-sergeant were authorized by sec. 4 of the act of June 20, 1864 (13 id. 144). By sec. 20 of the act of July 28, 1866 (14 id. 335), the enlisted establishment of the Corps of Engineers was fixed at five companies, with the battalion sergeant-major and quartermaster-sergeant already authorized by law. The grade of battalion commissary-sergeant was discontinued by section 10 of the act of July 15, 1870 (15 id. 318). Section 7 of the act of Mar. 2, 1899 (30 Stat. 979), contained the requirement that the battalion of Engineers and the officers serving therewith should constitute a part of the line of the Army; this provision was reenacted in sec. 22 of the act of Feb. 1, 1901 (31 Stat. 754); by sec. 11 of the same enactment the enlisted force of the Engineer Corps was increased to three battalions of engineer troops and a band.

602. Vacant.

603. Use of the Library of Congress.-That the Joint Committee of Congress on the Library is authorized to extend the use of the books in the Library of Congress to the Chief of Engineers of the Corps of Engineers United States Army, resident in Washington, on the same conditions and restrictions as members of Congress are allowed to use the Library. Joint Res. 41, Aug. 28, 1890 (26 Stat. 678).

604. Military surveys and maps. For the execution of topographic or other surveys, the securing of such extra topographic data as may be required, and the preparation and printing of maps required for military purposes, to be immediately available and remain available until December 31, 1921, $100,000: Provided, That the Secretary of War is authorized to secure the assistance, wherever practicable, of the United States Geological Survey, the Coast and

146345°-21—24

369

Geodetic Survey, or other mapping agencies of the Government in this work and to allot funds therefor to them from this appropriation. Act of June 5, 1920 (41 Stat. 970), making appropriations for the support of the Army: Engineer Department.

605. Civilian force.-For additional employees in the office of the Chief of Engineers, $10,000: Provided, That no person shall be employed hereunder at a rate of compensation exceeding $1,800 per annum.

The services of skilled draftsmen, civil engineers, and such other services as the Secretary of War may deem necessary, may be employed only in the office of the Chief of Engineers, to carry into effect the various appropriations for rivers and harbors, surveys, preparation for and the consideration of river and harbor estimates and bills, fortifications, engineer equipment of troops, engineer operations in the field, and other military purposes, to be paid from such appropriations: Provided, That the expenditures on this account for the fiscal year 1922 shall not exceed $150,000; the Secretary of War shall each year, in the annual estimates, report to Congress the number of persons so employed, their duties, and the amount paid to each. Act of Mar. 3, 1921 (41 Stat. 1279), making appropriations for legislative, executive, and judicial expenses: Office of Chief of Engineers.

Provided, That the services of skilled draftsmen, civil engineers, and such other services as the Secretary of War may deem necessary may be employed only in the office of the Chief of Engineers to carry into effect the various appropriations for "Engineer equipment of troops," "Engineer operations in the field," and other military appropriations to be paid from such appropriations: Provided further, That the expenditures on this account for the fiscal year 1921 shall not exceed $150,000. The Secretary of War shall each year, in the annual estimates, report to Congress the number of persons who are employed, their duties, and amount paid to each. Act of June 5, 1920 (41 Stat. 969), making appropriations for the support of the Army: Engineer equipment of troops.

For services of surveyors, survey parties, draftsmen, photographers, master laborers, and clerks to Engineer officers on the staffs of division, corps, and department commanders, $40,000. Act of June 5, 1920 (41 Stat. 969), making appropriations for the support of the Army: Civilian assistants to Engineer officers.

Similar provisions appear in previous appropriation acts.

606. Per diem rate in lieu of subsistence.-That hereafter when the expenses of persons engaged in field work or traveling on official business outside of the District of Columbia and away from their designated posts of duty are charge able to appropriations of the Engineer Department, a per diem of not exceeding $4 may be allowed in lieu of subsistence when not otherwise fixed by law. Seo 9, act of July 18, 1918 (40 Stat. 912), making appropriations for river and harbor works.

607. Vacant.

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 leutenant 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.