strength and value of said materials for constructive and mechanical purposes, and to provide for the building of a suitable machine for establishing such tests: Provided, That no officers in the pay of the Government shall be entitled to, or receive, any addi tional compensation by reason of any services rendered in connection with this board; but one of the civil experts shall act as secretary of the board, and shall be entitled, under this act, to such compensation as the President may deem proper and fit: Provided, That not more than fifteen thousand dollars of the sum herein provided shall be used for the expenses of such board."

645. Tests of iron and steel for private parties.-The Secretary of War is hereby authorized to cause the machine built for testing iron and steel to be set up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be; * * * Act of. June 20, 1878 (20 Stat. 223), making appropriations for civil expenses.

* That hereafter the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress: And provided further, That in making tests for private citizens the officer in charge may require payment in advance, and may use the funds so received in making such private tests, making full report thereof to the Chief of Ordnance; and the Chief of Ordnance shall give attention to such programme of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society, to be by them published at their own expense. Act of March 3, 1885 (23 Stat. 502), making appropriations for civil expenses.

The office of Signal Officer of the Army, with the rank of major of Cavalry, was established by the act of June 21, 1860 (12 Stat. 66). By sec. 17 of the act of Mar. 3, 1863 (id. 753), a Signal Corps was created to consist of a Chief Signal Officer with the rack of colonel, 1 lieutenant colonel, 2 majors who were to be inspectors, and, for each army corps or military department, 1 captain and as many lieutenants, not exceeding 8, as the President might deem necessary. The officers thus provided for were to receive the mounted pay of their grades, and were to continue in service during the pendency of the existing rebellion. For each officer authorized by the act of Mar. 8, 1863, 1 sergeant and 6 privates were to be detailed from the Volunteer armies, who were to receive the pay and allowances of enlisted men of Engineers. Eligibility for appointment and detail were to be determined, in part, by prior faithful service in the acting Signal Corps, and were conditioned in all cases, upon the successful passage of a preliminary examination.

A permanent Signal Corps was added to the military establishment by sec. 22 of the act of July 28, 1866 (12 Stat. 335) (which was embodied in the Revised Statutes as sees. 1165, 1166, and 1167). It was to consist of a Chief Signal Officer, with the rank of colonel of Cavalry, and of 6 officers of the line, detailed for signal duty, and 100 enlisted men, detalled from the battalion of engineers; these details were to be conditioned upon the successful passage of a preliminary examination, and the officers, while so detailed, were to receive mounted pay. By the act of Mar. 3, 1871 (16 id. 520), certain duties in connection with the observation and report of storms were assigned to the department. By the act of June 18, 1878 (20 id. 146), the number of enlisted men, hitherto fixed by Executive regulation, was established at 450, and by the act of June 20, 1878 (id. 219), the enlisted force of the department was fixed at 150 sergeants, 30 corporals, and 270 privates, who were to receive the pay and allowances of enlisted men of corresponding grades in the battalion of engiBy this enactment extra-duty pay was prohibited, and the commissioned force of the department was increased by the annual appointment of 2 second lleutenants who were to be selected from the grade of sergeant. By the act of June 16, 1880 (21 id. 267), the rank of brigadier general was conferred upon the Chief Signal Officer, and the number of privates was increased to 320; by the act of Aug. 4, 1886 (24 id. 247), the number of second lieutenants was limited to 16, the school of instruction at Fort Myer, Va., was abolished, and the Secretary of War was authorized to detail 5 commissioned officers of the Army for signal duty, this number to be in addition to the second lieutenants already authorized by law; this requirement was repeated in the acts of Oct. 2, 1888 (26 id. 537), and Mar. 2, 1889 (id. 969), by which enactments the number of second lieutenants was reduced to 14.

neers.

By the act of Oct. 1, 1890 (26 Stat. 653), the Weather Service was transferred to the Department of Agriculture, and the strength of the Signal Corps was established at 1 Chief Signal Officer (brigadier general), 1 major, 4 captains, and 4 first lieutenants

mounted, and 50 sergeants who were to have the pay and allowances of hospital stewards. The second lieutenants not selected for appointment as first lieutenants were to be transferred to the line of the Army. By the act of Aug. 6, 1894, the department was reorganized, the reorganization to take effect upon the occurrence of a vacancy in the office of Chief Signal Officer, when the corps was to consist of 1 colonel, one lieutenant colonel, 1 major, 3 captains, and 3 first lieutenants; by the act of Mar. 2, 1897 (29 id. 611), the promotions provided for in the act of Aug. 6, 1894, were authorized to be made. By sec. 2 of the act of May 18, 1898 (30 id. 417), and joint resolution No. 53, of July 8, 1898 (id. 749), a volunteer Signal Corps was authorized, to consist of 1 colonel, 1 lieutenant colonel, 1 major, as disbursing officer. and such other officers and men as might be required, not exceeding 1 lieutenant colonel for each army corps, and 2 captains, 2 first lieutenants, 5 first-class sergeants, 10 sergeants, 10 corporals, and 30 first-class privates to each organized division of troops, a certain proportion of whom were to be skilled electricians or telegraph operators. By sec. 24 of the act of Feb. 2, 1901 (31 Stat. 754), all these provisions were superseded and the permanent strength of the Signal Corps was fixed at 1 Chief Signal Officer with the rank of brigadier general, 1 colonel, lieutenant colonel, 4 majors, 14 captains, 14 first lieutenants, 80 first-class sergeants, 120 sergeants, 150 corporals, 250 first-class privates, 150 second-class privates, and 10 cooks, and a system of detail was established by the operation of which the permanent commissioned personnel of the department will be gradually replaced as vacancies occur by officers detailed from the line of the Army for duty in the Signal Department.

To the Signal Corps, constituted as prescribed by said act Feb. 2, 1901, sec. 24, there was added 1 lieutenant colonel, 2 majors, 4 captains, and 4 first lieutenants by a provision of act Mar. 2, 1903 (32 Stat. 932), with a proviso that the vacancies thus created or caused should be filled first by the promotion of officers of the Signal Corps, according to seniority, and thereafter by details from the line of the Army. A provision for the addition to the Signal Corps in time of war of 10 corporals, 100 first-class privates, and 40 second-class privates, made by act Apr. 26, 1898, sec. 3 (30 Stat. 365), may be regarded as superseded by subsequent provisions for the organization and increase of the corps, particularly those increasing the enlisted men, made by act Feb. 2, 1901, sec. 24 (31 Stat. 754), and provisions of act Apr. 23, 1904 (33 Stat. 261). The provisions of said act Feb. 2, 1901, sec. 24, act Mar. 2, 1903, and act Apr. 23, 1904, mentioned above, were superseded by sec. 13, national defense act of June 3, 1916 (39 Stat. 174), providing that the Signal Corps should consist of 1 Chief Signal Officer (brigadier general), 3 colonels, 8 lieutenant colonels, 10 majors, 30 captains, and 75 first lieutenants. This section was in turn superseded by 646, post,

During the World War the commissioned and enlisted personnel of this corps was increased in accordance with the act of July 24, 1917 (40 Stat. 243), by the detail of officers from the Regular Army and the appointment of temporary officers with proper qualifications, including temporary general officers. This act also authorized the Presi dent to increase the enlisted personnel, to increase or decrease the number of organizations prescribed for divisions, brigades, regiments, wings, squadrons, battalions, companies, and flights, and to prescribe such new and different organizations and personnel as the efficiency of the service might require, including headquarters detachments, and provided for the draft of men between the ages of 21 and 31 years.

646. Composition.-The Signal Corps shall consist of one Chief Signal Officer with the rank of major general, three hundred officers in grades from colonel to second lieutenant, inclusive, and five thousand enlisted men, such past of whom as the President may direct being formed into tactical units organized as he may prescribe. Sec. 13, act of June 3, 1916 (39 Stat. 174), as amended by sec. 13, act of June 4, 1920 (41 Stat. 768).

The Signal Corps is designated as a combatant arm or of the line of the Army by sec. 2 of said act of June 4, 1920, post, 2118.

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

647. Appointments and promotions of commissioned officers.-That all appointments and promotions in the Signal Corps after this reorganization shall be made after examination and approved under sections twelve hundred and six and twelve hundred and seven of the Revised Statutes, which are hereby

amended so as to be applicable to and to provide for the promotion of the lieutenants of the Signal Corps in the same manner as they now apply to the Corps of Engineers and the Ordnance Corps; and all vacancies which may hereafter exist in the grade of first lieutenant in the Signal Corps shall be filled by transfer from the line of the Army, after competitive examination and recommendation by a board of officers of the Signal Corps to be appointed by the Secretary of War. Sec. 7, act of Oct. 1, 1890 (26 Stat. 654), amending R. S. 1206 and 1207.

This section was part of the act to increase the efficiency, etc., of the Signal Corps. R. S., secs. 1206, 1207, mentioned in this section, are set forth ante, 598, 599. But see 2269 and 2279, post.

648. Chief of the telegraph and cipher bureau of the Executive office.* Trovided further, That the President be, and is hereby, authorized to appoint, by and with the advice and consent of the Senate, an officer of the Signal Corps, as chief of the telegraph and cipher bureau of the Executive Office, who shall have, while so serving, the rank, pay, and allowances of a major. Act of Mar. 12, 1903 (32 Stat. 932).

But see 2311, post.

649. Privates.-Provided, That hereafter second-class privates of the Signal Corps shall be designated as privates, with the same pay and allowances as now allowed by law to second-class privates: * Act of June

*

30, 1902 (32 Stat. 509), making appropriations for the support of the Army: Signal Corps.

But see 1671, post.

And pro

650. Sergeants for service in the Philippines or Alaska.—* vided further, That fifty first-class sergeants may be temporarily added to the Signal Corps for service in the Philippine Islands and Alaska; such additional force, or part thereof, to be continued only as long as in the opinion of the Secretary of War (or the President) it may be necessary for the efficiency of the Army. Act of June 30, 1902 (32 Stat. 509), making appropriations for the support of the Army: Signal Corps.

But see 1671, post.

651. Chauffeurs.-*

Provided further, That the grades of chauffeur,

first class, and chauffeur are hereby created in the Signal Corps. * All chauffeurs while serving as such shall rank with corporals of the Signal Corps and shall be subject to promotion and reduction to any other grade now authorized in the Signal Corps. Sec. 3, act of July 24, 1917 (40 Stat. 244). But see 1682, post.

652. Vacant.

653. Duties of the Chief Signal Officer.-That the Chief Signal Officer shall have charge, under the direction of the Secretary of War, of all military signal duties, and of books, papers, and devices connected therewith, including telegraph and telephone apparatus and the necessary meteorological instruments for use on target ranges, and other military uses; the construction, repair, and operation of military telegraph lines, and the duty of collecting and transmitting information for the Army by telegraph or otherwise, and all other duties usually pertaining to military signaling; and the operations of said corps shall be confined to strictly military matters. Sec. 2, act of Oct. 1, 1890 (26 Stat. 653).

Annual appropriation acts for fortifications, etc., place the appropriation for fire-control installation at seacoast defenses under the Chief Signal Officer.

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654. Regulations.- * The Chief Signal Officer, subject to the approval of the Secretary of War, is hereby authorized and directed to draw up and enforce in his Bureau a system of rules and regulations for the government of the Signal Bureau, and of all persons in said Bureau, and for the safe-keeping and preservation of all Signal Service property of every kind, and to direct and prescribe the kind, number, and form, of all returns and reports, and to enforce compliance therewith. Act of Oct. 12, 1888 (25 Stat. 552).

655. Government radio stations.-* *

* and a license shall not be required

for the transmission or exchange of radiograms or signals by or on behalf of the Government of the United States, but every Government station on land or sea shall have special call letters designated and published in the list of radio stations of the United States by the Department of Commerce and Labor. * * Sec. 1, act of Aug. 13, 1912 (37 Stat., 303).

By the act of Mar. 4, 1913 (37 Stat., 736), the Department of Commerce and Labor was separated into the Department of Commerce and the Department of Labor, the control of radio communication remaining in the Department of Commerce,

656. Control of private radio stations in time of war. Every such license shall provide that the President of the United States in time of war or public peril or disaster may cause the closing of any station for radio communication and the removal therefrom of all radio apparatus, or may authorize the use or control of any such station or apparatus by any department of the Government, upon just compensation to the owners. Sec. 2, act of Aug. 13, 1912 (37 Stat., 303).

Notes of Decisions.

Censorship of radio stations.-The President has authority to maintain a Government censorship in radio stations, and may, through the Secretary of the Navy or any other appropriate Department, close down,

or take charge of and operate, such plants, should he deem it necessary in securing obedience to his proclamation of neutrality of Aug. 5, 1914. 30 Op. Atty. Gen., 291.

657. Regulations for radio stations. For the purpose of preventing or minimizing interference with communication between stations in which such apparatus is operated, to facilitate radio communication, and to further the prompt receipt of distress signals, . id private and commercial stations shall be subject to the regulations of this section. These regulations shall be enforced by the Secretary of Commerce and Labor through the collectors of customs and other officers of the Government as other regulations herein provided for. *

The Secretary of Commerce and Labor may grant special temporary licenses to stations actually engaged in conducting experiments for the development of the science of radio communication, or the apparatus pertaining thereto, to carry on special tests, using any amount of power or any wave lengths, at such hours and under such conditions as will insure the least interference with the sending or receipt of commercial or Government raciograms, of distress signals and radiograms, or with the work of other stations.

In these regulations the naval and military stations shall be understood to be stations on land.

"Right of Way" for Distress Signals.

Ninth. All stations are required to gi. absolute priority to signals and radiograms relating to ships in distress; to cease all sending on hearing a distress signal; and, except when engaged in answering or aiding the ship in distress, to refrain from sending until all signals and radiograms relating thereto are completed.